District of South Dakota

Acting United States Attorney Dennis R. Holmes announced that a South Dakota man convicted of failure to register as a sex offender was sentenced on June 7, 2021, by U.S. District Judge Lawrence L. Piersol.

Jeremiah Calvin Rederth, age 39, was sentenced to 15 months in custody, followed by five years of supervised release.  He was also ordered to pay $100 to the Federal Crime Victims Fund.

Rederth was indicted for failure to register as a sex offender by a federal grand jury on March 2, 2021.  He pled guilty on April 8, 2021.

According to court documents, Rederth was convicted in 2010 of fourth degree rape, a Class 3 Felony, in the 3rd Judicial Circuit, South Dakota.  He was sentenced to 10 years, and two years of the sentence were suspended with conditions.  As a result of his prior conviction, Rederth is classified as a Tier II sex offender, which requires him to register two times per year and update the sex offender registry within three days of any change of address, school, or place of employment.  Rederth knew of his obligation to register as a sex offender and to update his registration but failed to do so.

This case was investigated by the U.S. Marshal’s Service.  Assistant U.S. Attorney Jeremy Jehangiri prosecuted the case.

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

Acting 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 by Jeffrey L. Viken, U.S. District Judge.

Maurice “Mo” Wilford, age 34, was sentenced on June 4, 2021, to seven years in federal prison, followed by three years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

The conviction stems from Wilford, a previously convicted felon, who is prohibited from possessing firearms, unlawfully possessing four rifles and a pistol in August 2017 during a traffic stop at Rapid City.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, 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 is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.

The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the South Dakota Division of Criminal Investigation, and the Rapid City Police Department.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

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

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

John James Moran, age 49, was indicted on May 4, 2021.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on June 3, 2021, 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 Moran, 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 August 17, 2020, and May 4, 2021.

The charge is merely an accusation and Moran 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.   

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

Acting United States Attorney Dennis R. Holmes announced that a Lake Andes, South Dakota, man convicted of Domestic Assault by an Habitual Offender was sentenced on June 2, 2021, by U.S. District Judge Karen E. Schreier.

Ambrose Arlen Rouse, age 48, was sentenced to 35 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.

Rouse was indicted by a federal grand jury on August 17, 2020.  He pled guilty on March 22, 2020.

The conviction stemmed from an incident on or about June 11, 2020 in Lake Andes, South Dakota.  Rouse and his wife were in their residence drinking.  At some point Rouse and his wife began arguing, and Rouse struck his wife in the head with her own walking cane and caused bodily injury to her.  The assault was not done in self-defense, nor was it otherwise legally justified.  At the time of this domestic assault, Rouse had at least two final convictions for offenses involving assaults against a spouse or intimate partner.

This case was investigated by the Federal Bureau of Investigation and the Yankton Sioux Law Enforcement.  Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.

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

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

Louis Andrew Rabbitt, Jr., age 40, was indicted on October 16, 2019.  He appeared before U.S. Magistrate Judge Mark A. Moreno on June 3, 2021, 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, five years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

Rabbitt was convicted of Sexual Abuse of a Minor in August 2001.  As a result of this conviction, he is required to register as a sex offender.  It is alleged that between July 21, 2019, and October 16, 2019, Rabbitt, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender and update his registration.

The charge is merely an accusation and Rabbitt 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.   

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

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

Allen Libby, age 29, was sentenced on May 26, 2021, to 48 months in federal prison and 3 years of supervised release and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

The charge relates to Libby, a previously convicted felon who is prohibited from possessing firearms, knowingly possessing a Hi-Point, 9mm semiautomatic pistol and 9mm ammunition, which was found after Libby came into contact with law enforcement in April 2020 in Rapid City.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, 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 is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.

The investigation was conducted by the Bureau of Alcohol, Firearms, Tobacco, and Explosives and the Pennington County Sheriff’s Office.  Assistant U.S. Attorney Ben Patterson prosecuted the case.

Libby was immediately remanded to the custody of the US Marshals Service.

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

Anthony Edward Farmer, age 37, was indicted on October 14, 2020.  He appeared before U.S. Magistrate Judge Mark A. Moreno on June 1, 2021, 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, five years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

Farmer was convicted of Abusive Sexual Contact With a Child in June 2010.  As a result of this conviction, he is required to register as a sex offender.  It is alleged that between July 5, 2020, and October 14, 2020, Farmer, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender and update his registration.

The charge is merely an accusation and Farmer 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.   

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

Acting United States Attorney Dennis R. Holmes announced that an Omaha, Nebraska, man convicted of two counts of Bank Robbery was sentenced on June 1, 2021, by U.S. District Judge Karen E. Schreier.

Ferris Valentine, age 54, was sentenced to 262 months in federal prison, 5 years of supervised release, restitution to First National Bank in the amount of $217,966, and a special assessment to the Federal Crime Victims Fund in the amount of $200.

Valentine was indicted by a federal grand jury on August 6, 2019. He was found guilty as a result of a federal jury trial in Sioux Falls on March 3, 2020.

On November 15, 2016, Valentine, aided by a partner, robbed the First National Bank branch bank located on West 26th Street in Sioux Falls, South Dakota.  The day before the robbery, Valentine rented a car in Omaha, Nebraska, and drove to Sioux Falls, South Dakota, with his accomplice.  When they robbed the bank, each wore a mask covering their faces.  Valentine was armed with a handgun and demanded the bank employees give him the money in the teller drawers and the vault.  Both robbers left the bank before the police arrived.

On November 24, 2017, Valentine robbed the same bank again, but without a partner.  He wore the same mask and once again, used a firearm to order the bank employees to comply.  He grabbed money from the vault and escaped.

After the second robbery, a DNA match connected Valentine’s partner to the first bank robbery, which subsequently led to the charges against Valentine.

The total monies taken from the bank robberies amounted to around $278,000.  First National Bank’s deposits were insured by the Federal Deposit Insurance Corporation.

This case was investigated by the Sioux Falls Police Department, South Dakota Division of Criminal Investigation, and the Federal Bureau of Investigation. Assistant U.S. Attorneys Jeremy R. Jehangiri and Jeffrey C. Clapper prosecuted the case.

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

Acting United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man was charged in federal district court with Receipt of Child Pornography and Possession of Child Pornography.  

Javier Clark Moreno, age 40, was indicted on May 20, 2021.  Clark appeared before U.S. Magistrate Judge Daneta Wollmann on May 24, 2021, and pleaded not guilty to the charges.  The maximum penalty upon conviction is a mandatory minimum of 5 up to 20 years in federal prison and/or a $250,000 fine, up to lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

Moreno was federally indicted following a Cybertip from the National Center of Missing and Exploited Children.  The charges relate to Moreno receiving and possessing child pornography between October 2020 and February 2021, at Rapid City.  The charges are merely an accusation and Moreno is presumed innocent until and unless proven guilty. 

The investigation is a joint effort between 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 is prosecuting the case.

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

Acting United States Attorney Dennis R. Holmes announced that the former information technology director of the Standing Rock Sioux Tribe (SRST) and a contractor were each charged with their respective roles in a bribery scheme.  Sven Schreiber, age 52, of Florida and North Dakota, and Arnaldo Piccinelli, age 43 of Florida, were each charged with three counts of Bribery Concerning a Program Receiving Federal Funds.

Schreiber made his appearance on May 20, 2021, before U.S. Magistrate Judge Mark A. Moreno and entered a plea of not guilty.  Piccinelli made his appearance on May 12, 2021, before a U.S. Magistrate Judge in the Middle District of Florida. The charges are merely accusations, and each defendant is presumed innocent until and unless proven guilty.  Each was released pending trial.

Each charge carries the following maximum penalties: 10 years of imprisonment and/or a $250,000 fine; three years of supervised release following release from custody; $100 special assessment; and restitution.

According to the charging document, in or around December 2015, Schreiber became the Director of the Information Technology Department of the SRST.  Schreiber’s duties included, among other things, serving as the Tribe’s primary contact with outside vendors and generating bids, contracts, and agreements relating to the work of the Tribe’s Information Technology Department. 

Piccinelli provided information technology services on a sole-source, contract basis with the Tribe, by and through its Information Technology Department.  Schreiber served as Defendant Piccinelli’s point of contact regarding all of the contracts with the Tribe.

Piccinelli accepted payments from the Tribe, at the direction of Schreiber, via checks made payable to Piccinelli individually or to Piccinelli’s for-profit corporation, Hexagon Code, Incorporated.  It is alleged that on more than one occasion, Schreiber agreed to accept a bribe from Piccinelli, who paid the bribe to Schreiber.

The investigation is being conducted by the U.S. Attorney’s Office and the Federal Bureau of Investigation.  Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.      

The 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:  Federal Bureau of Investigation; 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; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspector Service; 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.

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

Jasyn Curley, age 26, was indicted on May 11, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on May 20, 2021, 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, 5 years of supervised release, and $100 to the Federal Crime Victims Fund on each count.  Restitution may also be ordered.

Curley was convicted of Sexual Contact With a Minor in October 2016.  As a result of this conviction, he is required to register as a sex offender.  The Indictment alleges that between February 25, 2021, and March 13, 2021, Curley, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender and update his registration.

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

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

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

Acting United States Attorney Dennis R. Holmes announced that a former contracting company owner pleaded guilty for his role in a bribery scheme.  Kevin Michael Trio, age 58, of Maple Plain, Minnesota, entered his plea of guilty to Making a Materially False Statement to two federal agents with the Department of Justice.  U.S. District Judge Charles B. Kornmann presided over the hearing, and his sentencing hearing will be held on August 2, 2021, in the federal courthouse in Aberdeen, South Dakota.

In a separate hearing, another former owner made his appearance in federal court for his role in the same bribery scheme.  Michael Nathan Cebulla, age 44, of Buffalo, Minnesota, made his initial appearance on charges of Conspiracy to Commit Bribery Concerning Programs Receiving Federal Funds and of Making a Materially False Statement.  He made his appearance on May 20, 2021, before U.S. Magistrate Judge Mark A. Moreno and entered a plea of not guilty.  The charges are merely accusations, and Cebulla is presumed innocent until and unless proven guilty.  He was released pending trial.

Each offense carries the following maximum penalties:  five years of imprisonment; a $250,000 fine; or both fine and imprisonment; 3 years of supervised release following release from custody; $100 special assessment; restitution.

According to court documents, the Dakota Nations Development Corporation (“DNDC”) was an agency of the Sisseton-Wahpeton Oyate Sioux Tribe, a tribal government that received federal assistance in excess of $10,000 during the one-year period between October 1, 2017, and September 30, 2018.  At that time, Daniel Thomas White served as the Director of the DNDC.  White’s duties included, among other things, overseeing housing and construction projects of the DNDC.

DNDC established an entity called the SWO Elderly Village Limited Partnership.  The purpose of the entity was to obtain tax credit financing to build an elderly village complex on tribal land.  On April 22, 2016, SWO’s tribal council passed a resolution authorizing DNDC to pursue low-income housing tax credits for the elderly village complex.  The tribe also committed nearly $3,000,000 to the project.

Cebulla, Trio, and John German formed a business on December 15, 2016, called Tatanka Contracting.  On October 27, 2017, DNDC contracted with Tatanka Contracting to do the earthwork associated with the elderly village project.  The contract was for a guaranteed price of $1,070,740, although a change order increased the total of the contract to $1,129,679.

To secure the dirt work contract, German bribed White and White accepted the bribe.  Specifically, in November 2017, German corruptly gave, offered, and agreed to give money to Daniel Thomas White, intending to influence and reward White, who was an agent of the DNDC, in connection with a transaction and series of transactions of the DNDC involving $5,000 or more.

White and German pleaded guilty to their roles in the bribery scheme last year.  White will be sentenced by Judge Kornmann on September 27, 2021, and German was sentenced in October 2020 to 84 months in federal custody.

The investigation is being conducted by the U.S. Attorney’s Office and the Federal Bureau of Investigation.  Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.      

The 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:  Federal Bureau of Investigation; 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; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspector Service; 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.

Acting United States Attorney Dennis R. Holmes announced that a Rosebud, South Dakota, woman convicted of Involuntary Manslaughter and Perjury was sentenced on May 17, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.

Kaylee Spotted Elk, age 29, was sentenced to 36 months in federal prison, followed by three years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund. 

Spotted Elk was indicted by a federal grand jury on March 2, 2020, for Involuntary Manslaughter and on June 16, 2020, for Perjury.   She pleaded guilty to both charges on March 1, 2021.  

On January 12, 2020, in Todd County, South Dakota, Spotted Elk killed a man while operating a motor vehicle under the influence of methamphetamine.

On November 6, 2019, Spotted Elk knowingly lied about a material fact at a federal jury trial in Pierre, South Dakota, while she was under oath and sworn to tell the truth.   

The investigations were conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation.  Assistant U.S. Attorneys Kirk W. Albertson and Cameron J. Cook prosecuted the cases.   

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

Acting United States Attorney Dennis Holmes announced that a Rosebud, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on May 17, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.

Adam Moran, a/k/a Cante Moran, age 27, was sentenced to 21 months in federal prison, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Moran was indicted by a federal grand jury on September 9, 2020.  He pled guilty on March 1, 2021.

The conviction stemmed from an incident that occurred on the evening of May 19, 2020, in Todd County, South Dakota.  On that date, Rosebud Sioux Tribe Law Enforcement Services (RSTLES) responded to a call for service in Rosebud indicating that Moran had taken a vehicle without permission.  RSTLES officers located the vehicle a short time later and attempted to initiate a traffic stop.  Moran refused to stop, however, and led officers on a high-speed pursuit from Rosebud to Mission, South Dakota, during which he forced multiple RSTLES vehicles off the road.  Moran ran his vehicle off the roadway near Mission and exited the vehicle.  When officers approached him, he physically confronted one of the officers before being placed under arrest and taken into custody.

This case was investigated by the RSTLES.  Assistant U.S. Attorney Kirk Albertson prosecuted the case.

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

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

Jason Kimmel, Sr., age 39, was indicted on April 13, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on May 18, 2021, 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, five years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

Kimmel was convicted of Sexual Abuse of a Minor in 2005.  As a result of this conviction, he is required to register as a sex offender.  It is alleged that between February 10, 2021, and April 1, 2021, Kimmel, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender and update his registration.

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

The investigation is being conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

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

Acting United States Attorney Dennis Holmes announced that a Sauk Rapids, Minnesota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on May 17, 2021, by U.S. District Judge Charles B. Kornmann.

Ron Carlo Carter, age 48, was sentenced to 30 days in custody, followed by 2 years of supervised release, a fine of $5,000, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Carter was indicted by a federal grand jury on September 9, 2020.  He pled guilty on November 23, 2020.

The conviction stemmed from an incident that occurred on April 9, 2020.  On that date, Carter was stopped for speeding near Mobridge, South Dakota.  Carter was found in possession of a loaded 9 mm pistol, and he admitted to being an unlawful user of marijuana and methamphetamine, making it illegal for him to possess firearms. Carter will forfeit ownership of the pistol and ammunition to the United States.

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 make our neighborhoods safer for everyone.  The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.            

This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, the Bureau of Alcohol, Tobacco Firearms and Explosives, the Bureau of Indian Affairs-Standing Rock Agency, and the Mobridge Police Department.  Assistant U.S. Attorney Cameron J. Cook prosecuted the case.  

Acting United States Attorney Dennis Holmes announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for two counts of Failure to Register as a Sex Offender.

Charles Moran, age 43, was indicted on May 11, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on May 18, 2021, 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, 5 years of supervised release, and $100 to the Federal Crime Victims Fund on each count.  Restitution may also be ordered.

Moran was convicted of Sexual Abuse of a Minor in December 1997.  As a result of this conviction, he is required to register as a sex offender.  The Indictment alleges that between March 20, 2021, and March 31, 2021, and again between November 18, 2020, and February 21, 2021, Moran, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender and update his registration.

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

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

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

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

Sylvan Larrabee, age 28, was indicted on May 11, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on May 19, 2021, 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, 5 years of supervised release, and $100 to the Federal Crime Victims Fund on each count.  Restitution may also be ordered.

Larrabee was convicted of Sexual Contact With a Minor in January 2017.  As a result of this conviction, he is required to register as a sex offender.  The Indictment alleges that between April 17, 2020, and February 8, 2021, Larrabee, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender and update his registration.

The charge is merely accusations and Larrabee is presumed innocent until and unless proven guilty. 

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

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

Acting United States Attorney Dennis R. Holmes announced that Anthony Story, age 42, of Eagle Butte, South Dakota, was found guilty of Possession with Intent to Distribute a Controlled Substance as a result of a two-day federal jury trial in Pierre, South Dakota. 

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

Story was indicted by a federal grand jury on August 11, 2020.

The jury found that on August 14, 2019, Story knowingly possessed 37 grams of methamphetamine, with intent to distribute the drug.  Story was arrested while he was sleeping inside a camper in Eagle Butte next to a lightbulb fashioned into a pipe and a small bag holding the methamphetamine and a digital scale.  Law enforcement officers discovered Story and the methamphetamine while searching for another individual.  Plastic bags holding the methamphetamine were submitted to the South Dakota Forensic Laboratory for DNA testing.  The DNA profiles obtained from swabs of the plastic bags were found to match Story’s DNA profile.          

The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Services, the Northern Plains Safe Trails Drug Enforcement Task Force, the South Dakota Division of Criminal Investigation, and the Federal Bureau of Investigation.  Assistant U.S. Attorney Cameron J. Cook prosecuted the case.   

Sentencing was scheduled for August 2, 2021.  Story was immediately remanded to the custody of the U.S. Marshals Service after the jury announced its verdict.

Acting United States Attorney Dennis R. Holmes announced that a Cherry Creek, South Dakota, man convicted of Voluntary Manslaughter was sentenced on May 17, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.

Jerome White Horse, Jr., age 61, was sentenced to 63 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.  

White Horse was indicted by a federal grand jury on March 11, 2020.  He pleaded guilty on March 1, 2021.  

On February 12, 2020, in Cherry Creek, White Horse and another person assaulted a man who crashed his vehicle during a medical emergency.  White Horse used a garden hoe to strike the victim in the head.  The victim died of injuries sustained during the assault.

The investigation was conducted by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Cameron J. Cook prosecuted the case.   

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

Acting United States Attorney Dennis R. Holmes announced that a Doon, Iowa, man convicted of Distribution of a Controlled Substance Resulting in Serious Bodily Injury was sentenced on May 17, 2021, by U.S. District Judge Karen E. Schreier.

Rylan Wayne Walth, a/k/a “Rylan Conrad,”, age 34, was sentenced to 240 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.

Walth was indicted by a federal grand jury on October 6, 2020. He pled guilty on March 4, 2021.

The conviction stemmed from an incident on or about September 8, 2019, when Walth, knowingly and intentionally distributed fentanyl and said fentanyl resulted in the serious bodily injury of a victim.  The victim smoked the fentanyl provided by Walth and sustained an overdose, which was reversed by the administration of Narcan.  Fentanyl is a Schedule II controlled substance.

This case was investigated by the Sioux Falls Police Department and the Homeland Security Investigations.  Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.

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

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

Allen Michael Garreau, age 37, was indicted on May 11, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on May 14, 2021, and pled not guilty to the Indictment.

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

The Indictment alleges that on March 16, 2021, in Eagle Butte, Garreau did knowingly and intentionally possess with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine.

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

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

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

Acting United States Attorney Dennis Holmes announced that a Yankton, South Dakota, man has been indicted by a federal grand jury for Possession of Child Pornography.

Matthew Carter, age 31, was indicted on May 4, 2021.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on May 13, 2021, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 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 December 29, 2020, and January 14, 2021, Carter knowingly possessed and attempted to possess materials which contained images of child pornography. 

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

The investigation is being conducted by the Homeland Security Investigations, the South Dakota Division of Criminal Investigation, and the Yankton Police Department.  Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.   

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

Acting United States Attorney Dennis R. Holmes announced that a Todd County, South Dakota, woman convicted of Assault With a Dangerous Weapon was sentenced by Chief Judge Roberto A. Lange, U.S. District Court.

Julia Swift Hawk, age 26, was sentenced on May 11, 2021, to time served through May 18, 2021, equal to three months incarceration, followed by two years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund. 

The conviction stems from an incident that occurred outside the Rosebud Casino, in Todd County, on January 14, 2020.  Swift Hawk unlawfully assaulted an individual with a utility knife with the intent to do bodily harm to the individual.

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

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

Acting United States Attorney Dennis R. Holmes announced that Tami Haug-Davis, age 63, of Sioux Falls, South Dakota, appeared before U.S. District Judge Karen E. Schreier on May 11, 2021, and pled guilty to an Information that charged her with Making a Materially False Statement.

The maximum penalties upon conviction are as follows: five years in federal custody and/or a $250,000 fine; a period of supervised release of three years; a $100 special assessment to the Federal Crime Victims Fund; and restitution may be ordered.

Beginning on or about September 2016 until February 2019, Tami Haug-Davis was the Director of the Missouri Valley Crisis Center (MVCC) in Chamberlain, South Dakota.  During this time, MVCC was funded in large part by state and federal grants, awarded by the South Dakota Department of Social Services.  MVCC received funds from the following federal grants:  Family Violence Prevention Services, Department of Health and Human Services, Administration for Children and Families and Crime Victims Assistance, and Department of Justice, Office of Victims of Crime.

In the fall of 2018, the South Dakota Department of Public Safety Victim Services Program (DPS) conducted a review of MVCC pursuant to their receipt of federal and state grants.  DPS later issued MVCC a Corrective Action Plan dated October 11, 2018.  The plan listed 17 items for which MVCC needed to provide supporting documentation to DPS, including a corrective action that MVCC must provide detailed board meeting minutes from the last three meetings and a complete list of the Board of Directors.

MVCC provided a response to DPS’s directive for more information. Following receipt of MVCC’s response, a complaint was issued by the State of South Dakota’s Division of Criminal Investigation. On March 28, 2019, the Department of Justice – Office of the Inspector General opened an investigation regarding the management of MVCC as it had provided federal grant monies to MVCC.  The Department of Health and Human Services – Office of the Inspector General joined the investigation, as it had also provided federal grant monies to MVCC.

As part of the joint investigation, federal agents with each agency interviewed Haug-Davis. On August 30, 2019, and July 14, 2020, during interviews with federal agents, Haug-Davis knowingly and intentionally made materially false statements regarding the creation, submission, and veracity of board meeting minutes and documents provided to DPS in response to the October 11, 2018, corrective action plan.  Her statements were made about a matter within the jurisdiction of the U.S. Departments of Justice and Health and Human Services, and she knew her statements were untrue when she made the statements to investigators. 

The investigation was conducted by the Department of Justice – Office of the Inspector General, the Department of Health and Human Services – Office of the Inspector General, and the State of South Dakota’s Division of Criminal Investigation.  The case is being prosecuted by Assistant U.S. Attorney Jeremy Jehangiri.

A presentence investigation was ordered, and a sentencing date has been set for August 2, 2021.  The defendant was released on bond.

Acting United States Attorney Dennis Holmes announced that a Sioux Falls, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on May 10, 2021, by U.S. District Judge Karen E. Schreier.

Senthong Phiengsai, a/k/a “Chino,” a/k/a “Noy,” age 42, 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.

Phiengsai was indicted by a federal grand jury on September 1, 2020.  He pled guilty on February 19, 2021.

The conviction stemmed from incident beginning on an unknown date and continuing until on or about September 2020, when Phiengsai, along with others, reached an agreement or came to an understanding to distribute 500 grams or more of a mixture of a substance containing methamphetamine, which is a Schedule II controlled substance.

This case was investigated by the South Dakota Division of Criminal Investigation, the Sioux Falls Area Drug Task Force, and the Drug Enforcement Administration. Special Assistant U.S. Attorney Tamara Nash prosecuted the case.

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

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

Theophile Jesse Taken Alive, age 38, was indicted on April 6, 2021.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on May 13, 2021, 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, five years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that Taken Alive, 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 March 19, 2020, and November 3, 2020.

The charge is merely an accusation and Taken Alive 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.   

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

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

Chester Dennis Marshall, age 55, was indicted on May 4, 2021.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on May 10, 2021, 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, five years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that Marshall, 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 January 2, 2021, and May 4, 2021.

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 Jeffrey C. Clapper is prosecuting the case.   

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

Acting United States Attorney Dennis R. Holmes announced that an Atlantic City, New Jersey, man convicted of Bribery Concerning Programs Receiving Federal Funds was sentenced on May 10, 2021, by U.S. District Judge Charles B. Kornmann.

Anthony Bertino, age 60, was sentenced to 20 months in federal prison, followed by three years of supervised release.  Bertino must pay a fine in the amount of $95,000 and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Bertino was indicted by a federal grand jury on April 2, 2019.  He was found guilty as a result of a federal jury trial in Aberdeen on October 30, 2020.

The conviction stemmed from incidents between May 7, 2014, and August 4, 2014, when Bertino, who was an agent of the Dakota Nation Gaming Enterprise (DNGE), corruptly accepted something of value from another person, intending to be influenced and rewarded in connection with a transaction and series of transactions of the DNGE.

The Sisseton-Wahpeton Oyate Tribe (SWO) operates the DNGE, which oversees the tribally-run gaming establishments.  Bertino was employed as the Corporate Marketing Officer for the DNGE.  Bertino’s employment agreement included provisions stating that self-dealing is cause for termination, that he was not to engage in actions motivated by self-interest, and that he was not to work in any other capacity without first obtaining written consent from the DNGE. 

In 2014, Bertino negotiated the DNGE’s purchase of equipment from a 66,000 square foot sprung casino facility in Indiana.  On May 21, 2014, the DNGE Advisory Committee approved the purchase for $900,000.  After the DNGE wired the money to the seller, Bertino received three kickbacks from the seller totaling $104,909.78.

The 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:  Federal Bureau of Investigation; 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; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspector Service; 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.

This case was investigated by the Federal Bureau of Investigation and the U.S. Attorney’s Office.  Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.

Bertino has been allowed to self-report to the custody of the U.S. Marshals Service by July 3, 2021.

Acting United States Attorney Dennis R. Holmes announced that a Lincoln, Nebraska, man convicted of Assault With a Dangerous Weapon and Failure to Register as a Sex Offender was sentenced by Chief Judge Roberto A. Lange, U.S. District Court.

Dwaine Walter Little Elk, age 36, was sentenced on May 11, 2021, to 46 months in federal prison, followed by 5 years of supervised release, and was ordered to pay a $200 special assessment to the Federal Crime Victims Fund.

The conviction stems from an assault in St. Francis, South Dakota, on June 21, 2020.  Little Elk assaulted an individual with a knife, with the intent to do bodily harm to the individual.  Little Elk was also a sex offender by reason of a conviction under federal law, and knowingly failed to register and update his registration from June 17, 2020, to August 11, 2020.

The investigation was conducted by Rosebud Sioux Tribe Law Enforcement Services and the U.S. Marshals Service.  Assistant U.S. Attorney Michael Elmore prosecuted the case.

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

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

Benjamin Douglas Lorenzen, age 30, was indicted on May 4, 2021.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on May 13, 2021, 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, five years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on Lorenzen, 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 January 12, 2021, and March 9, 2021.

The charge is merely an accusation and Lorenzen 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.   

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

Acting United States Attorney Dennis R. Holmes announced that a McLaughlin, South Dakota, man convicted of Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury was sentenced on May 11, 2021, by Judge Charles B. Kornmann, U.S. District Court.

Frank One Feather, Jr., age 32, was sentenced to 60 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 $400.

One Feather was indicted by a federal grand jury on December 10, 2019.  A superseding indictment was filed on July 16, 2020.  He pled guilty on January 13, 2021. 

On November 8, 2019, in McLaughlin, One Feather assaulted two people with a bottle and shod feet after starting an argument.  One Feather knocked out each victim and assaulted them again when they regained consciousness.      

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

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

Acting United States Attorney Dennis Holmes announced that a Sioux City, Iowa, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Jacob Lee Schmidt, age 33, was indicted on May 4, 2021.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on May 13, 2021, 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, five years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that Schmidt, 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 February 1, 2021, and May 4, 2021.

The charge is merely an accusation and Schmidt 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.   

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

Acting United States Attorney Dennis Holmes announced that a Cornelia, Georgia, man convicted of Possession of a Stolen Firearm and Failure to Appear was sentenced on May 10, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.

Jamecus Lushawn Hodges, age 42, was sentenced to 90 months in federal prison on the firearm offense and 30 months in federal prison on the failure to appear offense, to run consecutive for a total of 120 months in federal prison, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $200.

Hodges was indicted by a federal grand jury on February 13, 2019, and again on November 10, 2020.  He pled guilty in both cases on May 10, 2021.

The firearm conviction stemmed from an incident that occurred on December 8, 2018. During a traffic stop on Interstate 90, a South Dakota Highway Patrol Trooper found marijuana, cocaine, and a stolen firearm in Hodges vehicle.  Hodges became uncooperative and combative and ran into the oncoming lane of traffic, stalling traffic on the interstate, prior to being taken into custody.  Hodges was eventually released on bond and entered into a plea agreement relating to the traffic stop.  Hodges then knowingly failed to appear for his change of plea and sentencing on October 5, 2020.  He was charged with failure to appear in November 2020 and taken into federal custody on March 19, 2021, in Georgia. 

Drug trafficking is an inherently violent activity.  Firearms are tools of the trade for drug dealers.  It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.

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 make our neighborhoods safer for everyone.  The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.

This case was investigated by the South Dakota Highway Patrol, Northern Plains Safe Trails Drug Enforcement Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

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

Acting United States Attorney Dennis Holmes announced that a Fort Thompson, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced on May 10, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.

Dawson Donner, age 23, was sentenced to 37 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.

Donner was indicted by a federal grand jury on September 9, 2020.  He pled guilty on February 22, 2021.

The conviction stemmed from an incident that occurred in February 2020, in Fort Thompson.  Donner knowingly engaged in sexual acts with a minor victim who had not attained the age of 16, when at the time Donner was more than four years older than the victim.

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

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

Acting United States Attorney Dennis Holmes announced that a former Watertown, South Dakota, woman charged with Misuse by a Representative Payee pled guilty and was sentenced on May 10, 2021, by U.S. District Judge Charles B. Kornmann.

Marilyn Ruth Holley, age 41, was sentenced to 60 months of probation, restitution in the amount of $12,158.64, and $100 to the Federal Crime Victims Fund.

The conviction stems from incidents that took place between November 19, 2015, and April 1, 2019, when Holley, who was appointed to be the representative payee for a minor child, received the child’s Title XVI Supplemental Security Income benefits payments and converted some of them to her own use, including gambling.

The investigation was conducted by the Social Security Administration, Cooperative Disability Investigation Unit.  The case was prosecuted by Assistant U.S. Attorney Ann M. Hoffman. 

Acting United States Attorney Dennis Holmes announced that a Cavour, South Dakota, man has been indicted by a federal grand jury for Attempted Production of Child Pornography, Attempted Enticement of a Minor Using the Internet, and Transfer of Obscene Material to a Minor.

David Robert Farrell, age 39, was indicted on May 4, 2021.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on May 10, 2021, 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, life of supervised release, and up to $300 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on April 22, 2021, Farrell knowingly attempted to employ, use, persuade, induce, entice, and coerce a minor female to engage in sexually explicit conduct for the purpose of producing visual depictions.  Such images would be then transported in interstate and foreign commerce with a computer.

The Indictment also alleges that on or about April 27, 2021, Farrell knowingly traveled to engage in sexual conduct with the same minor.  Farrell again used his cellular telephone to attempt to knowingly persuade that minor to engage in sexual activity.

Finally, the Indictment alleges that between April 22, 2021, and April 23, 2021, Farrell also used his cellular telephone to transfer and attempt to transfer obscene materials to the minor female, who had not attained the age of 16.

The charges are merely accusations and Farrell 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 Jeffrey C. Clapper is prosecuting the case.   

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

Acting United States Attorney Dennis R. Holmes announced that an Aberdeen, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on May 10, 2021, by U.S. District Judge Charles B. Kornmann.

Juan Smith, age 28, was sentenced to 37 months in federal prison, followed by 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.  He was also ordered to forfeit a .380 caliber pistol, magazine clips, and .380 caliber ammunition.

The conviction stems from Smith, a previously convicted felon who is prohibited from possessing firearms, knowingly possessing a Sturm, Ruger & Company Incorporated .380 caliber pistol in March 2020 in Aberdeen.  At the time, Smith possessed the firearm, three pistol magazines, and some .380 caliber ammunition at his residence in Brown County when law enforcement officers conducted a state probation search because Smith had been using drugs.

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 make our neighborhoods safer for everyone.  The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.

The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Aberdeen Police Department, and the Brown County Sheriff’s Office.  Assistant U.S. Attorney Michael Elmore prosecuted the case.

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

Acting United States Attorney Dennis Holmes announced that a Mission, South Dakota, man convicted of Assault by Striking, Beating, or Wounding was sentenced on May 6, 2021, by U.S. Magistrate Judge Mark A. Moreno.

Steven McDaniel, a/k/a Steven McDaniels, age 33, was sentenced to 11 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.

McDaniel was indicted by a federal grand jury on December 17, 2019.  He pled guilty on February 26, 2021.

The conviction stemmed from an incident that occurred on June 7, 2019, in Mission, wherein McDaniel assaulted his intimate partner.

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

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

Acting United States Attorney Dennis R. Holmes announced today that a Waubay, South Dakota, woman convicted of Federal Program Theft was sentenced on May 4, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.

Dawn Block, age 53, was sentenced to 27 months in federal prison, followed by 3 years of supervised release, and restitution in the amount of $222,801.72, with $68,569.78 being paid to the U.S. Department of Labor, and $154,231.95 being paid to the governing entities that formerly comprised the United Sioux Tribes of South Dakota Development Corporation (USTDC). 

Between October 2018 and May 2019, while she was employed as an agent of USTDC, Block did embezzle, steal, obtain by fraud, and intentionally misapply property of USTDC, an organization receiving Federal funds, and intentionally misapplied property worth at least $5,000, by way of payroll advances, cash withdrawals, awards and bonuses, duplicate pay, and additional unsupported payments.

The case was brought as part of 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:  Federal Bureau of Investigation; 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; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspector Service; 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.

The investigation was conducted by Federal Bureau of Investigation and the U.S. Attorney’s Office.  Assistant U.S. Attorney Michael J. Elmore prosecuted the case.

Block was released following sentencing but was ordered to self-report to the custody of the U.S. Marshals Service on May 18, 2021.

WASHINGTON – Neurosurgeon Wilson Asfora, M.D. of Sioux Falls, South Dakota, and two medical device distributorships that he owns, Medical Designs LLC and Sicage LLC, have agreed to pay $4.4 million to resolve False Claims Act allegations relating to illegal payments to Asfora to induce the use of certain medical devices, in violation of the Anti-Kickback Statute, as well as claims for medically unnecessary surgeries.

Medical Designs and Sicage agreed to pay an additional $100,000 in penalties to settle allegations that they violated the Open Payments Program by failing to report to the Centers for Medicare & Medicaid Services (CMS) Asfora’s ownership interests and payments made to Asfora.

Under the terms of the settlement agreement, Asfora, Medical Designs, and Sicage each will be excluded from participation in federal healthcare programs for a period of six years.

“Physicians who accept kickbacks and perform unnecessary surgeries put their patients at risk and increase healthcare costs for everyone,” said Acting Assistant Attorney General Brian M. Boynton of the Department of Justice’s Civil Division. “We will continue to hold physicians and medical device companies accountable for unlawful financial arrangements that undermine the integrity of federal healthcare programs.”

The settlement announced today resolves allegations that over the course of nearly a decade, Asfora, Medical Designs, and Sicage knowingly and willfully engaged in three kickback schemes to allow Asfora to profit from his use of over a dozen devices in his medical procedures. First, the United States alleged that Medical Designs and Sicage paid Asfora profit distributions in exchange for Asfora using Medical Designs’ and Sicage’s devices in his spine surgeries. Second, the United States alleged that Medical Designs acted as a distributor, reselling other manufacturers’ spinal devices and splitting the profits with Asfora when he used those devices in surgeries. Third, the United States alleged that Asfora solicited and received kickbacks from medical device manufacturer Medtronic USA Inc. in exchange for using its SynchroMed II infusion pumps, which are implantable devices used to deliver medication to patients. At Asfora’s request, Medtronic allegedly paid the kickbacks to Asfora through a restaurant he owned with his wife, called Carnaval Brazilian Grill, in the form of lavish meals and alcohol for Asfora and his friends, colleagues, and business partners.

In addition, the settlement resolves allegations that Asfora knowingly submitted false claims to federal healthcare programs for medically unnecessary procedures using the devices in which he had a financial interest. Despite receiving numerous warnings that he was performing medically unnecessary procedures – including warnings from his own physician colleagues – Asfora allegedly continued to perform such procedures while personally profiting from his use of devices sold by Medical Designs, Sicage, and Medtronic. 

“Fraud in the healthcare arena is taken very seriously by the Department of Justice,” said Acting U.S. Attorney Dennis R. Holmes for the District of South Dakota. “South Dakota is fortunate to have many honest and dedicated healthcare providers who strive daily to provide high quality services. Dr. Asfora and his companies violated the trust that so many others have worked hard to earn.”

“Kickback dollars can corrupt the high quality medical care patients deserve and taxpayers fund,” said Special Agent in Charge Curt L. Muller of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “We have excluded Dr. Asfora and his two medical distributorships from receiving Medicare, Medicaid, and other federal health program dollars.”

This settlement also resolves Medical Designs’ and Sicage’s liability under CMS’ Open Payments Program, which was established by the Affordable Care Act and requires medical device companies to disclose to CMS physician ownership interests and certain payments or other transfers of value to a physician. 

The civil settlement includes the resolution of claims that Drs. Carl Dustin Bechtold and Bryan Wellman brought under the qui tam or whistleblower provisions of the False Claims Act against Asfora and Medical Designs. Under the qui tam provisions of the False Claims Act, a private party can file an action on behalf of the United States and receive a portion of any settlement. The qui tam case is captioned United States ex rel. Bechtold, et al. v. Asfora, et al., No. 4:16-cv-04115-LLP (D.S.D.). The whistleblowers will receive $880,000 of the settlement proceeds.

This settlement was the result of a coordinated effort between the Civil Division's Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the District of South Dakota, with assistance from HHS-OIG. As a result of its efforts, the United States has recovered a total of more than $33 million relating to conduct involving Asfora, including a False Claims Act settlement with Sanford Health entities for $20.25 million in October 2019 and a False Claims Act and Open Payments settlement with Medtronic for $9.21 million in October 2020. This matter and the related matters were investigated by Trial Attorneys Christopher Terranova and Harin C. Song and Assistant U.S. Attorneys Meghan K. Roche and Ellie J. Bailey.   

Acting United States Attorney Dennis Holmes announced that a North Sioux City, South Dakota, man has been indicted by a federal grand jury for False Income Tax Returns and Tax Evasion.

James R. Winckler, age 58, was indicted on April 22, 2021.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on April 28, 2021, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 5 years in federal prison and/or a $100,000 fine, 3 years of supervised release, and up to $500 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about April 19, 2016, Winckler willfully made and subscribed a false Form 1040 for his individual 2012 tax return by understating his income.

The Indictment also alleges that Winckler willfully attempted to evade payment of income tax due for the calendar years 2015 through 2018, by failing to report any income or pay any income tax during those years.

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

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

Winckler was released on bond pending trial, which has not been set.

Acting United States Attorney Dennis Holmes announced that a Faulkton, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute Methamphetamine.

Frank Daniel Facinelli, age 49, was indicted on February 8, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on April 28, 2021, and pled not guilty to the Indictment.

The maximum penalty upon conviction is a mandatory minimum five years, up to 40 years in prison and/or a $5,000,000 fine, at least four years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered. 

The Indictment alleges that beginning at a time unknown, but no later than on or before October 1, 2020, the Defendant knowingly and intentionally, combined, conspired, confederated, and agreed with persons known and unknown, to knowingly and intentionally distribute and possess with the intent to distribute 50 grams or more of methamphetamine in and around Faulkton.

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

The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, the U.S. Postal Inspection Service, the South Dakota Division of Criminal Investigation, and the Faulk County Sheriff’s Office.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.   

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

Acting United States Attorney Dennis R. Holmes announced that a Sioux Falls, South Dakota, man convicted of Transportation of Child Pornography was sentenced on April 26, 2021, by U.S. District Judge Karen E. Schreier.

Joshua Lynn Lugert, age 38, was sentenced to 78 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Lugert was indicted by a federal grand jury on September 1, 2020.  He pled guilty on February 10, 2021.

The conviction stemmed from incidents between March 12, 2019, and March 6, 2020.  Lugert searched the internet for child pornography and collected thousands of files using his cell phone and tablet. 

This case was investigated by the National Center for Missing and Exploited Children, the Internet Crimes Against Children Task Force, the South Dakota Division of Criminal Investigation, and the Department of Homeland Security.  Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

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

Acting United States Attorney Dennis Holmes announced that a Sioux Falls, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on April 26, 2021, by U.S. District Judge Karen E. Schreier.

Ryan James Sandberg, age 19, was sentenced to 51 months in federal prison, followed by two years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Sandberg was indicted by a federal grand jury on September 1, 2020.  He pled guilty on February 10, 2021.

The conviction stemmed from incidents beginning on an unknown date and continuing until on or about September 1, 2020, when Sandberg knowingly and intentionally combined, conspired, confederated, and agreed with others to distribute a mixture and substance containing 500 grams or more of methamphetamine.

Sandberg voluntarily and intentionally joined in the agreement to distribute methamphetamine.  Sandberg also knew the purpose of the agreement.  Sandberg obtained over 500 grams of methamphetamine from a co-conspirator and re-distributed to other co-conspirators in the District of South Dakota and elsewhere.  Sandberg knew the methamphetamine would then be distributed to drug customers.  Methamphetamine is a Schedule II controlled substance.

This case was investigated by the Sioux Falls Area Drug Task Force, the Department of Homeland Security, and the U.S. Postal Inspection Service.  Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.

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

Acting United States Attorney Dennis Holmes announced that a Sioux Falls, South Dakota, man convicted of Assault by Striking, Beating, or Wounding was sentenced on April 27, 2021, by U.S. Magistrate Judge Mark A. Moreno.

Daniel James Farmer, age 25, was sentenced to 9 months in federal prison, followed by 1 year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $25.

Farmer was indicted by a federal grand jury on October 16, 2019.  He pled guilty on April 27, 2021.

The conviction stemmed from an incident that occurred on December 10, 2017, in Todd County, South Dakota, wherein Farmer assaulted his intimate partner.

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

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

Acting United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, woman convicted of Retaliation Against a Witness was sentenced on April 26, 2021, by Chief U.S. District Judge Roberto A. Lange.

Whitney Bagola, age 27, was sentenced to 57 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.

Bagola was indicted by a federal grand jury on December 8, 2020.  She pled guilty on March 1, 2021.

The conviction stemmed from an incident on April 20, 2020, at a jail in South Dakota, when Bagola assaulted an individual for giving information to law enforcement. 

This case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Cameron J. Cook prosecuted the case.

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

Acting United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man convicted of Possession of Child Pornography was sentenced on April 14, 2021, by Judge Jeffrey L. Viken, U.S. District Court.

Bruce Kline, age 52, was sentenced to 10 years in federal prison, followed by a lifetime supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund and $13,000 in restitution.  Kline will also be required to register as a sex offender under the Sex Offender Registration and Notification Act.

The conviction stems from Kline failing a parole-ordered polygraph in October 2019.  Kline was convicted in state court in 2011 for child pornography charges and remained on parole.  Forensic examination of Kline’s devices thereafter revealed thousands of images of child pornography downloaded by Kline.

The investigation was conducted by the South Dakota Department of Corrections, South Dakota Division of Criminal Investigation, Department of Homeland Security, Rapid City Police Department, and the Pennington County Sheriff’s office.  Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

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

Acting United States Attorney Dennis R. Holmes announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assaulting Federal Officers. 

Floyd Alex High Hawk, Jr., a/k/a Cactus, age 33, was indicted on October 14, 2020.  He appeared before U.S. Magistrate Judge Mark A. Moreno on April 27, 2021, and pled 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 $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

On August 17, 2020, High Hawk was detained at a jail in Eagle Butte, and he assaulted two detention officers who were attempting to move him to a different cell.  High Hawk punched one detention officer in the face and wrestled with another, causing an injury to his knee.     

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

The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.   

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

Acting United States Attorney Dennis R. Holmes announced that a Belle Fourche, South Dakota, man convicted of Possession of Child Pornography with a Prior Child Pornography Conviction was sentenced on April 15, 2021, by Judge Jeffrey L. Viken, U.S. District Court.

Karl Koster, age 39, was sentenced to 10 years in federal prison, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.  Koster will also be required to register as a sex offender under the Sex Offender Registration and Notification Act.

The conviction stems from South Dakota Internet Crimes Against Children Task Force receiving two Cybertips from the National Center of Missing and Exploited Children identifying the suspect user as Koster.  Koster was previously convicted in Pennington County, South Dakota, for Make/Sale/Possess Child Pornography and was on parole at the time of his arrest.  Forensic examination of Koster’s devices revealed multiple images of child pornography, age-difficult images and internet searches associated with obtaining child pornography.

The investigation was conducted by the South Dakota Department of Corrections, South Dakota Division of Criminal Investigation, Department of Homeland Security, Rapid City Police Department, and the Pennington County Sheriff’s office.  Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

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