District of South Dakota

United States Attorney Ron Parsons announced that a Pierre, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person.

Dustin Warnke, age 34, was indicted on November 13, 2019.  He appeared before U.S. Magistrate Judge Mark A. Moreno on November 26, 2019, and pled not guilty to the Indictment.

The penalty upon conviction is a mandatory minimum 10 years, up to life in federal prison and/or a $10,000,000 fine, at least 5 years, up to life 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 about the 1st day of March, 2018, and continuing to on or about November 13, 2019, Warnke did knowingly and intentionally, combine, conspire, confederate, and agree with persons known and unknown, to knowingly and intentionally distribute and possess with intent to distribute 500 grams or more of methamphetamine, a Schedule II controlled substance. Further, on the 5th day of January 2019, Warnke, knowing he was an unlawful user of and addicted to a controlled substance, knowingly possessed a .40 Smith & Wesson caliber, semi-automatic pistol.

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

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.

The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, the South Dakota Highway Patrol, the South Dakota Division of Criminal Investigation, and the Pierre Police Department.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.   

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

United States Attorney Ron Parsons announced that a St. Paul, Minnesota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on November 25, 2019, by U.S. District Judge Roberto A. Lange.

Frank Edward Adams, a/k/a Tank Adams, age 45, was sentenced to 360 months in federal prison, followed by 7 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Adams was indicted by a federal grand jury on November 14, 2018.  He was found guilty by a jury on August 22, 2019.

The jury found that from December 1, 2015, until November 14, 2018, Adams had knowingly and intentionally combined, conspired, confederated, and agreed with others to distribute and possess with the intent to distribute over 500 grams of methamphetamine, which is a Schedule II controlled substance, on the Crow Creek and Lower Brule reservations in South Dakota.

Evidence established that Adams was the nucleus of a large drug trafficking conspiracy that involved well over 4600 grams of methamphetamine. Adams supplied large quantities of methamphetamine several times a month, including the first of the month when tribal assistance funds were available, to the Crow Creek and Lower Brule reservations in South Dakota.  Adams engaged several dealers on both reservations to distribute meth. 

This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, the Federal Bureau of Investigation, the Bureau of Indian Affairs, Crow Creek Agency, the Bureau of Indian Affairs, Lower Brule Agency, the South Dakota Highway Patrol, the Pierre Police Department, and the Minnesota State Patrol. Assistant U.S. Attorney Meghan N. Dilges and Assistant U.S. Attorney Troy R. Morley prosecuted the case.

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

United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of two counts of Failure to Pay Tax was sentenced on November 22, 2019, by U.S. District Judge Karen E. Schreier.

Gregory Sperlich, age 49, was sentenced to 3 months in federal prison, followed by 1 year of supervised release, restitution in the amount of $227,799.82, $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $50.

Sperlich was indicted by a federal grand jury on January 22, 2019.  He pled guilty on September 20, 2019.

The conviction stemmed from Sperlich, an attorney, willfully failing to pay the income and self-employment tax due to the Internal Revenue Service by April 15, 2013, through April 15, 2016, for the filed taxes due for the calendar years 2012 through 2015.

“Taxpayers have an obligation to pay their taxes.  Willfully defrauding the government of what is owed can and will result in jail time,” said Special Agent in Charge Karl Stiften, IRS Criminal Investigation Division.

This case was investigated by the Internal Revenue Service, Criminal Investigation Division.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

Sperlich will self-report to the custody of the U.S. Marshals Service on January 2, 2020, to serve his sentence.

WASHINGTON, D.C. – Marlys Big Eagle, Victim Witness Coordinator for the United States Attorney’s Office for the District of South Dakota, was one of only 295 department employees nationwide recognized by Attorney General William P. Barr at the 67th Annual Attorney General’s Awards Ceremony, held recently at Constitution Hall in Washington, D.C.  The Attorney General’s Award is the most coveted and prestigious national award given to members of the United States Department of Justice.  This annual ceremony recognizes employees and other individuals who have demonstrated exceptional achievements, leadership, and service to the Department of Justice and the American people.  Big Eagle was recognized by Attorney General Barr for her exceptional service in Indian Country.  U.S. Attorney Ron Parsons attended the ceremony at Constitution Hall with Big Eagle. 

“Our greatest strength in our fight for justice is our people – the thousands of men and women who have dedicated their careers, often at great personal sacrifice, to working for justice in America,” said Attorney General William P. Barr. “As we reflect on the contributions of each of the individuals we honor today, we should hold them up as examples of excellence that continue to inspire our own commitment, and also as reminders of the professionalism and the qualities exhibited throughout the Department.”

“Our friend and colleague Marlys Big Eagle is incredibly deserving of this prestigious honor,” said U.S. Attorney Parsons.  “She is a truly exceptional person and, as this award confirms, one of the brightest lights and most powerful advocates for victim rights and the welfare of those living in Native American communities in the entire Department of Justice.”

Ms. Big Eagle, an enrolled member of the Hunkpati Oyate Crow Creek Sioux (Tribe), has provided victim services for the District of South Dakota since 1998 and is the principal coordinator supervising two additional victim-witness providers.  In the coordinator capacity, Ms. Big Eagle supervises all aspects of the office’s victim witness program, including providing services, coordinating trial victims and witnesses, and conducting training for all of the office’s personnel. 

Ms. Big Eagle’s leadership has long been recognized by Federal, State, and Tribal prosecutors, law enforcement officers, other victim assistance providers, and Tribal leaders.  Her 21-years of service with the Department of Justice has resulted in an exponential improvement in the delivery of crucial services to Indian Country victims.  Her unique perspective as an enrolled Tribe member and her wealth of knowledge and experience has made a decisively positive impact in the lives of thousands of Native American women and children who have had to make the complex journey through the Federal criminal justice system.

Separately, as part of the EOUSA Mentorship program, Ms. Big Eagle has provided national instruction, leadership, and services to numerous other districts when called upon to assist with federal prosecutions in Indian Country.  Because of her widely acknowledged expertise, she has mentored, trained and started Indian Country victim assistance programs in Nebraska, Alaska, Hawaii, Idaho, Virginia, and Utah.  Ms. Big Eagle is regularly called upon by other victim advocates from across the country for guidance on Indian Country victim-witness issues and how these issues interplay with complicated Department of Justice policy and regulations. 

Ms. Big Eagle has also developed and produced written and video training material to provide guidance to children and adult victims and witnesses in the criminal justice process.  This material includes the “Tell the Truth” children's video and the adult court orientation video “A Journey through the Federal Justice System,” both of which are used extensively by prosecutors to prepare victims for the stressful process of being a witness in a federal trial.  In 2018, Ms. Big Eagle volunteered for the Hurricane relief efforts as part of FEMA’s request to the Department Of Justice for Surge Capacity assistance.  Most recently, Ms. Big Eagle helped to develop and appears in an educational awareness video addressing sex trafficking in Indian Country.  Entitled “REACH to End Sex Trafficking in Native American Communities.”  The video was released in February 2019 and is being distributed nationwide.

In addition to her home district responsibilities, Ms. Big Eagle served on the EOUSA’s Rapid Response Victim Assistance Team.  In this capacity, she has lent her extraordinary expertise working with victims in several large-scale federal prosecutions nationwide.  Those efforts include spending weeks in Charleston, S.C., working with the deceased victims’ surviving family members in the United States v. Dylan Roof federal hate-crime prosecution; working with the deceased victims’ family members in the United States v. Whitey Bulger racketeering and murder prosecution in Boston; and working with elderly victims of a large-scale Jamaican lottery scheme targeting victims across the upper Midwest.

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United States Attorney Ron Parsons announced that a Roberts County, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on November 18, 2019, by U.S. District Judge Charles B. Kornmann. 

John Matthew Pilcher, age 49, was sentenced to 59 months of federal custody, to be followed by 3 years of supervised release.  He was ordered to pay $100 to the Federal Crime Victims Fund.  

According to court documents, on November 10, 2018, Pilcher assaulted the victim with a dangerous weapon, namely, a knife, with the intent to do bodily harm.  Pilcher and the victim were in a dating relationship.  At some point on the night of November 10, they got into a verbal disagreement.  In the midst of their argument, Pilcher pulled out a knife and stabbed the victim in the neck.  Defendant acted with specific intent to assault the victim with the knife.

The victim was transported to the local hospital and then to Sanford Hospital in Fargo, North Dakota, where she underwent surgery to receive critical care for life-threatening trauma caused by the stabbing.  The victim’s neck arteries and veins were lacerated, including a very small cut to her jugular vein. 

The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs – Office of Justice Services.  Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.   

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

United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted by virtue of a guilty plea to Conspiracy to Distribute a Controlled Substance was sentenced on November 15, 2019, by Chief Judge Jeffrey L. Viken.

Sebastian Hoff, age 29, was sentenced to 17.5 years in federal prison, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. 

From May 2017 through August 2017, co-conspirator Dana Faulkner transported and arranged transportation of 15-45 kilograms of methamphetamine to South Dakota from Colorado.  Hoff was one of the multiple sub-distributors who dealt Faulkner’s methamphetamine in the Rapid City area.   

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 the Department’s 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 the local community to develop effective, locally-based strategies to reduce violent crime.

This case was investigated by the Unified Narcotics Enforcement Team (UNET) and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  UNET is comprised of law enforcement from the Pennington County Sheriff’s Office, the Rapid City Police Department, South Dakota Division of Criminal Investigation, and the South Dakota National Guard.  Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.  Multiple co-conspirators have already been sentenced and one more remains pending sentencing.

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

United States Attorney Ron Parsons announced that a Pukwana, South Dakota, man has been indicted by a federal grand jury for Abusive Sexual Contact of a Child.

Michael Dean Johnson, age 27, was indicted on November 13, 2019.  He appeared before U.S. Magistrate Judge Mark A. Moreno on November 15, 2019, 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 mandatory minimum of 5 years, and up to life, of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that between January 2015 and January 2017, Johnson knowingly engaged in and attempted to engage in sexual contact with a child who had not attained the age of 12.

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

The investigation is being conducted by the Federal Bureau of Investigation.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.    

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

United States Attorney Ron Parsons announced that an Oacoma, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on November 19, 2019, by U.S. District Judge Roberto A. Lange.

Micah Brown, age 27, was sentenced to 37 months in federal prison, followed by 3 years of supervised release, forfeiture of a firearm, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Brown was indicted by a federal grand jury on September 11, 2018.  He pled guilty on August 7, 2019.

The conviction stemmed from an incident on July 1, 2018, when law enforcement responded to a call of an alleged assault occurring in Fort Thompson, South Dakota, involving Brown and his ex-girlfriend.  Upon arrival, law enforcement observed a shotgun in the front passenger compartment of Brown’s vehicle.  Brown, who has been convicted of a crime punishable by imprisonment for term exceeding one year, is prohibited from being in possession of a firearm. 

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 the Department’s 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 the local community to develop effective, locally-based strategies to reduce violent crime.

This case was investigated by the Bureau of Indian Affairs, Crow Creek Agency and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.

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

United States Attorney Ron Parsons announced that a Fort Yates, North Dakota, woman convicted of Theft by an Employee of an Indian Gaming Establishment was sentenced on November 18, 2019, by U.S. District Judge Charles B. Kornmann.

Candace Crow Ghost, age 42, was sentenced to 160 days in federal prison, followed by 24 months of supervised release, restitution in the amount of $5,300.83, and a special assessment to the Federal Crime Victims Fund in the amount of $100.    

Crow Ghost was indicted by a federal grand jury on March 12, 2019.  She pled guilty on August 27, 2019.

Between December 2016 and March 2017, Crow Ghost was the marketing director for the Grand River Casino, located on the Standing Rock Sioux Indian Reservation.  Crow Ghost developed a scheme whereby she would obtain prescription pain pills by adjusting points on individual players club rewards cards to pay for the drugs she was receiving.  After adjusting the points, Crow Ghost would prepare vouchers and help the individuals redeem their illegally obtained points for cash.  Crow Ghost would also comp rooms and meals to the individuals involved in the scheme.  During the course of her employment, Crow Ghost added 426,000 points to various players’ accounts and comped over $1,000 in rooms and meals, resulting in a total loss to the Grand River Casino of $5,300.83.

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.

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

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

United States Attorney Ron Parsons announced that a Fort Thompson, South Dakota, woman has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Evidence Tampering.

Lisa Walking Bull, age 47, was indicted on November 13, 2019.  She appeared before U.S. Magistrate Judge Mark A. Moreno on November 22, 2019, and pled not guilty to the Indictment.

The maximum penalty upon conviction is 20 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on August 22, 2019, Walking Bull assaulted an individual with a bat with the intent to do bodily harm and then further altered, destroyed, and concealed the bat with the intent to impair its integrity and availability for use in a criminal proceeding.

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

The investigation is being conducted by the Federal Bureau of Investigation.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

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

United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.

Ian Cook, age 35, was indicted on November 13, 2019.  He appeared before U.S. Magistrate Judge Mark A. Moreno on November 15, 2019, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 8 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on October 22, 2019, Cook did forcibly assault, resist, oppose, impede, intimidate, and interfere with a federal officer while the officer was in the performance of his official duties and said contact did involve physical contact.

The charge is merely an accusation and Cook 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 Jay Miller is prosecuting the case.   

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

United States Attorney Ron Parsons announced that an Agency Village, South Dakota, man convicted of Assault of a Partner by Strangulation was sentenced on November 18, 2019, by U.S. District Judge Charles B. Kornmann. 

Joshua John Max, age 36, was sentenced to 36 months of federal custody, to be followed by 3 years of supervised release.  He was ordered to pay $100 to the Federal Crime Victims Fund.  

According to court documents, on April 25, 2015, Max unlawfully assaulted an intimate partner and dating partner by strangling and suffocating, and attempting to do so.  Max and the victim were in a dating relationship.  On April 25, 2015, Max tried to call the victim all morning, but did not reach her.  Her doors were locked, but Max entered the house by climbing through a window.  Max became angry after looking at her cellular telephone and seeing something on her Facebook account that bothered him.  Max grabbed the victim, pushed her down on the bed, and choked her, causing bodily injuries to her neck and throat. 

The investigation was conducted by the Federal Bureau of Investigation.  Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.   

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

United States Attorney Ron Parsons announced that Maurice Bellafonta Cathey, a/k/a “Short”, age 39, of Chicago, Illinois, was found guilty of two counts of Conspiracy to Distribute a Controlled Substance, Distribution of a Controlled Substance Resulting in Death, and two counts of Distribution of a Controlled Substance Resulting in Serious Bodily Injury, on November 20, 2018, as a result of a federal jury trial in Sioux Falls, South Dakota. 

In addition, Corrod Leon Phillips, age 28, of Chicago, Illinois, was found guilty of two counts of Conspiracy to Distribute a Controlled Substance and two counts of Distribution of a Controlled Substance Resulting in Serious Bodily Injury, as a result of the same federal jury trial.

“These defendants are the authors of one of the worst public health crises that this area has ever seen,” said U.S. Attorney Parsons.  “They are responsible for importing and selling most of the heroin laced with fentanyl that caused so many overdoses in Sioux Falls last year.  The suffering, death, and destruction that they have visited upon so many families in this community is immeasurable.  We are forever grateful to the members of federal, state, and local law enforcement who brought these misery profiteers to justice and to the federal jury who rendered its unanimous verdict in this critically important case.”

Cathey faces a mandatory minimum penalty of life imprisonment, while Phillips faces a mandatory minimum sentence of 20 years in prison.

Phillips was indicted by a federal grand jury on June 6, 2018.  Cathey was indicted by a federal grand jury on July 10, 2018.  Their cases were joined by a second superseding indictment on October 10, 2018.

On January 5, 2018, first responders reported to a fatal overdose of a 22-year-old man at an apartment in Sioux Falls.  The victim was unresponsive and attempts to revive him were unsuccessful.  A friend of the victim who was with him said that the victim had injected himself with heroin.  The victim obtained heroin from his friend that had been distributed by Cathey.  Minnehaha County Coroner Dr. Kenneth Snell ruled that the victim’s cause of death was heroin and cyclopropyl fentanyl toxicity.

On February 9, 2018, first responders were dispatched to a fast food restaurant on South Minnesota Avenue for a report of cardiac arrest, where they found a 20-year-old woman who was unconscious and not breathing due to a heroin overdose.  The victim was revived by first responders with Narcan.  Cathey sold the heroin to the victim minutes before her overdose.

On April 23, 2018, first responders were dispatched to an overdose call at an apartment in Sioux Falls.  First responders encountered a 24-year-old man who had overdosed on heroin laced with tramadol, 4-ANPP, and fentanyl, ultimately distributed by Cathey and Phillips. The victim was unconscious and not breathing when first responders arrived, but was revived by Narcan.

On May 16, 2018, a 23-year-old man overdosed on heroin in the bathroom of a grocery store in Sioux Falls.  First responders found him unconscious and breathing poorly, and were able to awaken him with Narcan.  The victim said he purchased the heroin from Phillips less than an hour before his overdose.

Testimony at trial revealed that multiple other overdoses, including at least one additional death, were caused by heroin distributed by Cathey and Phillips.

The Sioux Falls Area Drug Task Force executed multiple search warrants during the investigation at residences connected to Cathey and Phillips.  During the execution of these warrants, SFADTF members located dozens of bindles of crack cocaine and heroin, thousands of dollars in U.S. Currency, and numerous items of drug distribution paraphernalia.  

This case was investigated by the Drug Enforcement Administration, the Sioux Falls Area Drug Task Force, the Sioux Falls Police Department, and the United States Postal Inspection Service. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.

Presentence investigation reports were ordered and sentencing dates have not been set yet.  The defendants were remanded to the custody of the U.S. Marshals Service.

United States Attorney Ron Parsons announced that an Idaho business owner, two of his supervisors, and the company, convicted of Wire Fraud and Conspiracy to Commit Wire Fraud, were sentenced on November 18, 2019, by U.S. District Judge Lawrence L. Piersol.

Christopher A. Hoshaw, age 45, of Meridian, Idaho; Calvin Pelichet, age 45, of Boise, Idaho; Kristin DeBoer, age 51, of Caldwell, Idaho; and the company, All Around Sports, LLC, all appeared before Judge Lawrence L. Piersol on November 18, 2019, for sentencing on each of their respective convictions for wire fraud and conspiracy to commit wire fraud.  Hoshaw appeared on behalf of All Around Sports, LLC, a Boise-based company. 

Pelichet, the sales manager at AAS, received the most significant sentence of 24 months in federal prison, followed by 3 years of supervised release following his incarceration.  Hoshaw was sentenced to 12 months of home detention and 5 years of probation.  DeBoer was sentenced to 4 months of home detention and 2 years of probation.  All Around Sports, LLC, was sentenced to 3 years of probation.  Hoshaw, Pelichet, and All Around Sports, LLC, were also ordered to jointly and severally pay restitution of $157,450 to two Alaskan Native entities.  While the individual defendants were not fined, All Around Sports, LLC, was fined $42,000.

“These defendants devised a complicated criminal scheme to steal from the Oglala Sioux Tribe,” said U.S. Attorney Parsons.  “The Guardians Project was implemented to detect this type of fraud and punish those who seek to commit it.  We couldn’t be more pleased with the results.”

“All Around Sports and its executives expected to fatten their bottom lines by defrauding the Oglala Sioux Tribe.  Instead they received richly deserved sentences,” said Curt L. Muller, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services.  “We look forward to working with all our law enforcement partners – including on the U.S. Attorney’s Guardian Project to fight fraud and prevent criminals from victimizing Indian Country communities.”

According to documents filed with the Court, Christopher A. Hoshaw, Calvin Pelichet, and Kristin DeBoer devised and intended to devise a scheme and artifice to defraud the Oglala Sioux Tribe, and to obtain money and property by means of materially false and fraudulent pretenses, representations, and promises.  For the purpose of executing the scheme and artifice, Hoshaw, Pelichet, and DeBoer knowingly caused to be transmitted by means of wire communication in interstate commerce the signals and sounds to effectuate the withdrawal of funds from a banking account belonging to the Oglala Sioux Tribe, at The First National Bank of Gordon in Gordon, Nebraska, to an account belonging to All Around Sports, L.L.C., at Idaho Central Credit Union in the State and District of Idaho.

As for All Around Sports, LLC, beginning at a time unknown but no later than on or about December 2015, and continuing through December 2016, All Around Sports, LLC, along with others, conspired to commit the offense of wire fraud in South Dakota and elsewhere.  By and through company representatives, All Around Sports, LLC, willfully and unlawfully devised and intended to devise a scheme and artifice to defraud and to obtain money and property from others by means of false and fraudulent pretenses, representations, and promises.  Those representatives knowingly participated, using the company as a conduit, by receiving money transfers from sources they knew were the victims of the fraudulent scheme.  Those representatives also acted willfully for the purpose of enriching the company and themselves, knowing of the unlawful purpose of the scheme when they participated in it.  The object of the conspiracy was to enrich AAS’ owner, managers, and employees by obtaining fraudulent funds.

These investigations were conducted by the U.S. Department of Health and Human Services, Office of the Inspector General.  The cases were prosecuted by Assistant U.S. Attorney Jeremy Jehangiri.

These cases were brought pursuant to the U.S. Attorney’s Office’s 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.

United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, woman convicted of Possession of Child Pornography was sentenced on November 15, 2019, by U.S. District Judge Karen E. Schreier.

Sharon Dvorak, age 49, was sentenced to time served, 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Dvorak was indicted by a federal grand jury on March 5, 2019.  She pled guilty on August 5, 2019.

The conviction stemmed from incidents between on or about July 16, 2018, and July 19, 2018, when Dvorak knowingly possessed child pornography that had been mailed, shipped, and transported in or affecting interstate or foreign commerce by any means, including by computer. 

While on Facebook, Dvorak communicated with three individuals on the internet.  Their messages were sexual in nature and they exchanged images of child pornography.  Some of the images included prepubescent children.

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

United States Attorney Ron Parsons announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse and Sexual Abuse.

Larry Black Lance, III, age 28, was indicted on November 13, 2019.  He appeared before U.S. Magistrate Judge Mark A. Moreno on November 15, 2019, 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, 5 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on May 25, 2019, in Todd County, South Dakota, Black Lance knowingly engaged in a sexual act with the victim, by the use of force, and that the victim was incapable of declining participation in the sexual act.

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

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

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

United States Attorney Ron Parsons announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Felon in Possession of a Firearm and Ammunition.

David D. Larvie, Jr., age 37, was indicted on November 13, 2019.  He appeared before U.S. Magistrate Judge Mark A. Moreno on November 15, 2019, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on October 25, 2019, in Todd County, South Dakota, Larvie, having previously been convicted of a felony, knowingly possessed a firearm and ammunition.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.  The Department of Justice reinvigorated PSN in 2017 as part of the Department’s 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 the local community to develop effective, locally-based strategies to reduce violent crime.

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

The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Kirk Albertson is prosecuting the case.   

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

United States Attorney Ron Parsons announced that a Fort Thompson, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse by Force and Sexual Abuse.

Devon Wayne Saul, age 27, was indicted on November 5, 2019.  He appeared before U.S. Magistrate Judge Mark A. Moreno on November 14, 2019, and pled not guilty to the Indictment.

According to the Indictment, on August 18, 2019, in Buffalo County, South Dakota, Saul knowingly caused and attempted to cause the victim to engage in a sexual act by using force.  The indictment also alleges that Saul engaged in a sexual act with the victim while the victim was incapable of appraising the nature of the conduct, or physically incapable of declining participation in and communicating her unwillingness to engage in the sexual act. 

The maximum penalties upon conviction for each count are as follows:  up to life imprisonment and/or a $250,000 fine; a mandatory minimum term of five (5) years, up to life, of supervised release; $100 to the Federal Crime Victims Fund; $5,000 assessment to the domestic trafficking fund; and restitution may be ordered. 

The charges are merely accusations and Saul 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 Jeremy R. Jehangiri is prosecuting the case.   

Saul was released to the custody of third party custodians.  A trial date of January 14, 2020, has been set.

United States Attorney Ron Parsons announced that a Faulkton, South Dakota, man has been indicted by a federal grand jury for Obstruction of Correspondence and Delay or Destruction of Mail.

Kenneth Jones, age 60, was indicted on September 10, 2019.  He appeared before U.S. Magistrate Judge Mark A. Moreno on November 14, 2019, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 5 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between August 1, 2018, and September 26, 2018, Jones, who was employed as an officer with the United States Postal Service, opened, embezzled, delayed, and destroyed mail that was entrusted to him to deliver.

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

The investigation is being conducted by the Officer of the Inspector General.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

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

United States Attorney Ron Parsons announced that a Porcupine, South Dakota, man has been indicted by a federal grand jury for Assaulting a Federal Officer.

Ian Spotted Bear, age 24, appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is 8 years in prison, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charge relates to Spotted Bear pushing, striking, kicking, and physically resisting an officer on August 27, 2019, near Pine Ridge.

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

The investigation is being conducted by the Bureau of Indian Affairs - Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.  Assistant U.S. Attorney Heather Sazama is prosecuting the case.

Spotted Bear was released on bond pending trial.  A trial date has been set for January 7, 2020. 

United States Attorney Ron Parsons announced that a Wanblee, South Dakota, man convicted of Assault on a Federal Officer was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.

Charles Wakinya Zi Janis, age 37, was sentenced on October 28, 2019, to 2 years in a federal prison, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

The conviction stems from Janis charging an Oglala Sioux Tribe Department of Public Safety officer, after the officer responded to a call at Sharps Housing near Porcupine, South Dakota.  Janis then picked up a hatchet from the front yard and made slashing movements with it towards officers.  An officer used a Taser to subdue and apprehend Janis.

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

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

United States Attorney Ron Parsons announced that a Sturgis, South Dakota, man was charged in federal district court with Possession with Intent to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person.  

Dustin Island, age 40, was charged on October 22, 2019.  Island appeared before U.S. Magistrate Judge Daneta Wollmann on November 8, 2019, and plead not guilty to the charges. 

The penalty upon conviction is a minimum of 5 years up to 40 years in federal prison and/or a $5,000,000 fine, at least 4 years up to life supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The charges relate to Island possessing with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, and unlawfully possessing a semi-automatic pistol in June 2019 in Meade County.  The charges are merely an accusation and Island is presumed innocent until and unless proven guilty. 

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.

The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the South Dakota Division of Criminal Investigation.  Assistant U.S. Attorney Eric Kelderman is prosecuting the case.

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

United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Minor.

Anthony Cory Plante, age 20, was indicted on July 16, 2019.  He appeared before U.S. Magistrate Judge William D. Gerdes on November 7, 2019, 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, 5 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 January 2017 and February 2017, in McLaughlin, South Dakota, Plante knowingly engaged in, and attempted to engage in, a sexual act by use of force with a minor who had attained the age of 12 but had not attained the age of 16, and who was at least 4 years younger than Plante.

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

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

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

United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Dwight Black Spotted Horse, age 35, was indicted on September 10, 2019.  He appeared before U.S. Magistrate Judge Mark A. Moreno on November 6, 2019, 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.  Restitution may also be ordered.

Black Spotted Horse was convicted of Sexual Abuse of a Minor in October 2006. As a result of this conviction, he is required to register as a sex offender. It is alleged that between June 16, 2019, and September 10, 2019, Black Spotted Horse, 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.

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

The investigation is being conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Michael J. Elmore is prosecuting the case.   

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

United States Attorney Ron Parsons announced that Eli Erickson, a/k/a Black, age 32, of Mission, South Dakota, was found guilty of Conspiracy to Distribute Methamphetamine, Possession of Firearms in Furtherance of a Drug Trafficking Crime, and Drug User in Possession of Firearms as a result of a 3-day federal jury trial in Pierre, South Dakota. 

The charges carry a maximum penalty of at least 15 years up to life in federal prison, and/or a $10,000,000 fine, at least 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered, as well as forfeiture of numerous firearms and U.S. currency.   

Erickson was indicted on November 14, 2018, and a Superseding Indictment was filed on September 10, 2019. 

From 2015 through 2018, Erickson knowingly and intentionally conspired with others to distribute and possess with intent to distribute 500 grams or more of methamphetamine.  The trial testimony showed the conspiracy involved importing pounds of methamphetamine from Nebraska and distributing it on the Rosebud Sioux Indian Reservation.  During this time, Erickson possessed two firearms in furtherance of his drug trafficking operation, namely by using the weapons to protect his home from which he sold methamphetamine.  Erickson also possessed these firearms, and a number of other firearms, while being a methamphetamine user.     

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 Rosebud Sioux Tribe Law Enforcement Services; the Stanley County Sherriff’s Office; the Lexington, Nebraska, Police Department; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Northern Plains Safe Trails Drug Enforcement Task Force; and the Federal Bureau of Investigation.  Assistant U.S. Attorney Cameron J. Cook prosecuted the case.

A sentencing date has not been set.  Erickson was immediately remanded to the custody of the U.S. Marshals Service.  

United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on November 7, 2019, by U.S. District Judge Roberto A. Lange.

Vine Janis, age 39, was sentenced to 4 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.

Janis was indicted by a federal grand jury on March 12, 2019.  He pled guilty on August 12, 2019.

Janis was convicted of Abusive Sexual Contact in June 2001.  As a result of this conviction, he is required to register as a sex offender.  Janis updated the sex offender registry on February 7, 2018, to an address in Cherry Creek, South Dakota.  On May 31, 2018, a compliance officer did a compliance check at the listed Cherry Creek address and found that Janis had moved out of the residence.  Janis was later found residing at another address.  From April 1, 2018, through the time of his arrest on June 18, 2018, Janis did not register as a sex offender or update his sex offender registration.

This case was investigated by the U.S. Marshals Service.  Assistant U.S. Attorney Jay Miller prosecuted the case.

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

United States Attorney Ron Parsons announced that two Rapid City, South Dakota, men were charged in federal district court on October 22, 2019, with multiple firearm offenses.

Devin Byker and Craig Hirschfield, both age 25, were charged with Carjacking and Use and Brandishing of a Firearm During the Commission of a Crime of Violence.  Byker was also charged with Possession of a Firearm by a Prohibited Person and Possession of a Stolen Firearm.  Byker and Hirschfield appeared before U.S. Magistrate Judge Daneta Wollmann on November 4, 2019, and pleaded not guilty to the charges. 

The penalty upon conviction is 5 years up to life in federal prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charges relate to Byker and Hirschfield stealing a motor vehicle at gunpoint in Rapid City in June 2019.  Additionally Byker, a previously convicted felon who is prohibited from possessing firearms, unlawfully possessed a stolen .357 double-action revolver.  The charges are merely accusations and Byker and Hirschfield are presumed innocent until and unless proven guilty. 

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.

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

Byker and Hirschfield were detained pending trial.  A trial date has not been set. 

United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man was charged in federal district court with Possession of a Firearm by a Prohibited Person and Possession of a Firearm with an Obliterated Serial Number.  

Damian Buchholz, age 33, was charged on October 22, 2019.  Buchholz appeared before U.S. Magistrate Judge Daneta Wollmann on November 1, 2019, and pleaded not guilty to the charge. 

The maximum penalty upon conviction is 10 years in federal prison and/or a $250,000 fine, 3 years supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charge relates to Buchholz, a previously convicted felon who is prohibited from possessing firearms, unlawfully possessing a semi-automatic pistol and a revolver, both with an obliterated serial number, in September 2019 at Rapid City.  The charges are merely accusations and Buchholz is presumed innocent until and unless proven guilty. 

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.

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

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

United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man was charged in federal district court with Possession of a Firearm by a Prohibited Person.  

Adam Seales, age 25, was charged on October 22, 2019.  Seales appeared before U.S. Magistrate Judge Daneta Wollmann on November 1, 2019, and pleaded not guilty to the charge.  The maximum penalty upon conviction is 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charge relates to Seales, a previously convicted felon who is prohibited from possessing firearms, unlawfully possessing a semi-automatic pistol in September 2019 at Rapid City.  The charge is merely an accusation and Seales is presumed innocent until and unless proven guilty. 

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.

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

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

United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man was charged in federal district court with Possession of a Firearm by a Prohibited Person.  

Lawrence Bocanegra, age 39, was charged on October 22, 2019.  Bocanegra appeared before U.S. Magistrate Judge Daneta Wollmann on November 1, 2019, and pleaded not guilty to the charge. 

The maximum penalty upon conviction is 10 years in federal prison and/or a $250,000 fine, 3 years supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charge relates to Bocanegra, a previously convicted felon who is prohibited from possessing firearms, unlawfully possessing a semi-automatic pistol in September 2019 at Rapid City.  The charge is merely an accusation and Bocanegra is presumed innocent until and unless proven guilty. 

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.

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

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

United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man was charged in federal district court with Possession with Intent to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person.  

Jerry Gorisek, age 48, was charged on September 10, 2019.  Gorisek appeared before U.S. Magistrate Judge Daneta Wollmann on November 1, 2019, and pleaded not guilty to the charge.  The penalty upon conviction is a minimum of 5 years up to 40 years’ in federal prison and/or a $5,000,000 fine, at least 4 years up to life supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charge relates to Gorisek, possessing with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, and unlawfully possessing a revolver in July 2019 at Rapid City.  The charge is merely an accusation and Gorisek is presumed innocent until and unless proven guilty. 

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.

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

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

United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Failure to Register.

Titus Leading Cloud, age 30, appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 years in a federal prison, a mandatory minimum term of 5 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 March 21, 2019, and October 22, 2019, Leading Cloud, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under federal law, did knowingly fail to register and update his registration.

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

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

Leading Cloud was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for January 7, 2020. 

United States Attorney Ron Parsons announced that a Porcupine, South Dakota, man has been indicted by a federal grand jury for Assault on a Federal Officer.

Shane Kills Back, age 20, appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is 8 years in prison, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charge relates to Kills Back striking a female officer in the face with a fist on April 5, 2019, in Porcupine.

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

The investigation is being conducted by the Bureau of Indian Affairs - Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.  Assistant U.S. Attorney Cassandra DeCoste is prosecuting the case.

Kills Back was released on bond pending trial.  A trial date has been set for January 7, 2020.

United States Attorney Ron Parsons announced that a Sisseton, South Dakota, man convicted of abusive sexual contact was sentenced on November 5, 2019, by U.S. District Judge Charles B. Kornmann.

Storm Gaylord Blue, age 25, was sentenced to 120 months in federal prison, to be followed by 20 years of supervised release.  He was also ordered to pay $100 to the Federal Crime Victims Fund. 

According to court documents, between on or about October 9 and 10, 2017, in Roberts County, Blue forcefully engaged in and attempted to engage in sexual contact with a juvenile victim.  Blue had the intent to abuse, humiliate, harass, and degrade the victim and engaged in such sexual contact to arouse and gratify his sexual desires.

The investigation was conducted by the Federal Bureau of Investigation and the Sisseton-Wahpeton Oyate Law Enforcement.  Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.   

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

United States Attorney Ron Parsons announced that a Rapid City, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on November 1, 2019, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Roxanne Barton, age 36, was sentenced to 14 years in federal prison, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. 

From approximately June 2016 through June 2018, Barton was involved in a conspiracy responsible for distributing over 500 grams of methamphetamine in the Rapid City area. 

This case was investigated by the South Dakota Division of Criminal Investigation, the Unified Narcotics Enforcement Team, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Kathryn N. Rich prosecuted the case. Additional co-conspirators are pending trials. Several other co-conspirators have already been sentenced.

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

United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on November 4, 2019, by U.S. District Judge Roberto A. Lange.

Trevor Red Bird, age 31, was sentenced to 24 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.

Red Bird was indicted by a federal grand jury on June 11, 2019.  He pled guilty on August 27, 2019.

Red Bird was convicted of Abusive Sexual Contact in U.S. District Court in May 2008.  As a result of this conviction, Red Bird is required to register as a sex offender.  In April 2019, Red Bird was on federal supervised release and was properly registered and residing in Rapid City.  On April 7, 2019, Red Bird moved from his registered address but did not update his registration.  An arrest warrant was subsequently issued and on June 26, 2019, Red Bird was arrested at a residence in St. Francis, South Dakota.

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

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

United States Attorney Ron Parsons announced that a Peever, South Dakota, man convicted of abusive sexual contact was sentenced on November 4, 2019, by U.S. District Judge Charles B. Kornmann.

Thomas Dion DeMarrias, age 47, was sentenced to 240 months in federal prison, to be followed by 5 years of supervised release.  He was also ordered to pay $200 to the Federal Crime Victims Fund. 

According to court documents, between on or about May 9, 2010, and continuing through on or about May 8, 2011, in Roberts County, DeMarrias forcefully engaged in and attempted to engage in sexual contact with a juvenile victim, that is, sexual contact, by using force.  DeMarrias had the intent to abuse, humiliate, harass, and degrade the victim and had the intent to arouse and gratify his sexual desires. 

Between on or about June 22, 2009, and continuing through on or about June 21, 2011, in Roberts County, DeMarrias abused, tortured, and cruelly punished a child by using a dangerous weapon during and in relation to such conduct. 

“This defendant tortured and sexually abused his child victims in what can only be described as a house of horrors,” said U.S. Attorney Parsons.  “He deserves every day of this lengthy federal prison sentence.”

The investigation was conducted by the Federal Bureau of Investigation and the Sisseton-Wahpeton Oyate Sioux Tribal Law Enforcement.  Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.   

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

United States Attorney Ron Parsons announced that a Parker, South Dakota, man convicted of Willful Failure to File Tax Returns was sentenced on November 4, 2019, by U.S. District Judge Karen E. Schreier.

Dale Edward Buller, age 71, was sentenced to time served, 5 years of supervised release, $1,000 fine, $305,922.40 in restitution, and a special assessment to the Federal Crime Victims Fund in the amount of $175.

Buller was indicted by a federal grand jury on December 5, 2017.  He pled guilty on November 5, 2018.

Buller, a retired farmer from Turner County, willfully failed to file tax returns with the Internal Revenue Service for calendar years 2010 through 2016.  During those years, Buller received gross income from the rental of agricultural and pasture land.  He was required by law to make and file income tax returns with the Internal Revenue Service, stating specifically the items of gross income.  Buller attempted to conceal the income by claiming the land was owned by a Trust.  However, because Buller controlled the Trust and all of the assets, all of the income was taxable.

This case was investigated by the Internal Revenue Service.  Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

United States Attorney Ron Parsons announced that a Smithfield, Nebraska, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on November 4, 2019, by U.S. District Judge Roberto A. Lange.

Marcitta Connors, age 25, was sentenced to 300 months in federal prison, followed by 6 years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Connors was indicted by a federal grand jury on September 11, 2018.  She pled guilty on August 19, 2019.

The conviction stemmed from a drug conspiracy that occurred between January 1, 2015, and September 11, 2018.  During the course of this conspiracy, Connors knowingly and intentionally conspired with others to distribute and possess with the intent to distribute methamphetamine on the Rosebud Sioux Indian Reservation in South Dakota. Connors worked with others in Nebraska and elsewhere to bring pounds of methamphetamine per trip onto the reservation where it was distributed by Connors and others.  This conspiracy involved between 15 kilograms and 45 kilograms of methamphetamine.  Also, during the course of the conspiracy, many firearms were traded between Connors and others for methamphetamine.

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 Federal Bureau of Investigation, Rosebud Sioux Tribe Law Enforcement Services, Northern Plains Safe Trials Drug Enforcement Task Force, South Dakota Highway Patrol, Nebraska State Patrol, and the Lexington Police Department.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

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

United States Attorney Ron Parsons announced that a Mission, South Dakota, woman convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on November 4, 2019, by U.S. District Judge Roberto A. Lange.

Lee Ann Stenstrom a/k/a LeeAnn Stenstrom, age 36, was sentenced to 36 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.

Stenstrom was indicted by a federal grand jury on February 13, 2019.  She pled guilty on August 12, 2019.

The conviction stemmed from an incident that occurred in Mission on December 26, 2018.  On that date, Stenstrom approached a Rosebud Sioux Tribe Law Enforcement Services Officer at a convenience store and said she wanted to report a crime.  The officer detected the odor of alcohol on Stenstrom, and asked to get a statement from Stenstrom outside the store.  Stenstrom agreed.  Once outside, Stenstrom got in the driver’s seat of a parked vehicle.  The officer, concerned that Stenstrom was intoxicated, told her not to start the vehicle and attempted to take the keys from the ignition.  Stenstrom then started the vehicle and backed up, knocking the officer down, and then drove away.  She was arrested later that day at a residence in Mission.

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

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

United States Attorney Ron Parsons announced that a Marty, South Dakota, man convicted of Kidnapping was sentenced on November 4, 2019, by U.S. District Judge Karen E. Schreier.

Gavin Little, age 23, was sentenced to 210 months in federal prison, followed by 4 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

U.S. Attorney Ron Parsons also announced that a Yankton, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on November 4, 2019, by U.S. District Judge Karen E. Schreier.

Christian Garcia, age 25, was sentenced to 30 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

Little and Garcia were indicted by a federal grand jury on January 8, 2019.  Both defendants pled guilty on August 15, 2019.

On November 25, 2018, Little and Garcia, along with two juveniles, assaulted an adult male, Keith Cournoyer, at a home in east housing of Marty, on the Yankton Sioux Indian Reservation.  After the man was severely beaten and unconscious, Little loaded him into a vehicle and left the scene.  A high-speed chase ensued near Greenwood before Little abandoned the vehicle and fled away on foot.  Tribal officers found Cournoyer in the back of the vehicle, unconscious.  He was flown to Sioux Falls for emergency medical treatment.

The investigation was conducted by the Yankton Sioux Tribe Law Enforcement and the Federal Bureau of Investigation.  The case is being prosecuted by Assistant U.S. Attorney Jeffrey C. Clapper.

Little and Garcia were immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Ron Parsons announced that a Bloomington, Indiana, woman convicted of Conspiracy to Distribute Marijuana was sentenced on November 4, 2019, by U.S. District Judge Roberto A. Lange.

Sarah Worthman, age 26, was sentenced to time served as of December 2, 2019, (125 days), followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Worthman was indicted by a federal grand jury on March 5, 2019.  She pled guilty on August 19, 2019.

The conviction stemmed from an incident on February 21, 2019, where Worthman, and co-defendant Branden Lee, were stopped by law enforcement for speeding on the Cheyenne River Sioux Indian Reservation while driving a U-Haul truck.  The traffic stop uncovered approximately 150 pounds of marijuana hidden in couches in the cargo hold.  Lee had purchased the marijuana in California and was planning to distribute it in and around Chicago, Illinois.  

Lee previously pled guilty to Possession with Intent to Distribute Marijuana and was sentenced to 60 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.

This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force.  Assistant U.S. Attorney Cameron J. Cook prosecuted the case.

United States Attorney Ron Parsons announced that an Allen, South Dakota, man has been indicted by a federal grand jury for Sexual Exploitation of a Minor, Receipt of Child Pornography, Distribution of Child Pornography, Sexual Abuse of a Minor, and Transfer of Obscene Material to a Minor.

Stacey Garnette, a/k/a Stacy Garnette, age 41, appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is up to 30 years in a federal prison, up to life of supervised release, and $700 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charges relate to Garnette recording a minor female engaged in sexually explicit conduct and sending it via Facebook Messenger with his cellular phone connected to the Internet.  Garnette is also alleged to have engaged in a sexual act with this juvenile female between May 2018 and January 2019, at a time when she had not attained the age of 16 years.

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

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

Garnette was released pending trial, which has been set for December 31, 2019.

United States Attorney Ron Parsons announced that a Yankton, South Dakota, man has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury.

Robert Desersa, age 33, appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is 10 years in federal prison, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charge relates to Desersa assaulting another male in Sunrise Housing at Martin, South Dakota, on September 17, 2019.  This assault resulted in serious bodily injury to the male.

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

The investigation is being conducted by the Martin Police Department and the Federal Bureau of Investigation.  Assistant U.S. Attorney Megan Poppen is prosecuting the case.

Desersa was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date will be set.

United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person.

Patrick Cummings, age 33, was indicted on October 16, 2019.  He appeared before U.S. Magistrate Judge Mark A. Moreno on October 31, 2019, and pled not guilty to the Indictment.

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

The Indictment alleges that on July 4, 2019, Cummings knowingly and intentionally possessed with the intent to distribute methamphetamine, and knowing he had been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly received and possessed a Smith & Wesson .380 AUTO caliber, semi-automatic pistol.

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

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.

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

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

United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Possession of Child Pornography was sentenced on October 25, 2019, by Karen E. Schreier, U.S. District Court Judge.

Jeremiah Richards, age 35, was sentenced to 4 years in federal prison, followed by 5 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund and an additional $5,000 special assessment to the Victim of Human Trafficking Act of 2015.

The conviction stemmed from Richards possessing multiple child pornography videos and images on his cellular phone.

 The investigation was conducted by the Internet Crimes Against Children Taskforce.  Assistant U.S. Attorney Sarah Collins prosecuted the case.

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

United States Attorney Ron Parsons announced that a Whitewood, South Dakota, man  convicted of committing federal wildlife violations of the Lacey Act was sentenced on October 28, 2019, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Everett T. Mackaben, Jr., was sentenced to 2 years of probation, during which the court ordered revocation of all hunting privileges.  The court ordered Mackaben to pay $26,825 in restitution to the Oglala Sioux Tribe Parks and Recreation Authority, a $10,000 fine, and a $100 special assessment to the Federal Crime Victims Fund.

“The illegal, commercial exploitation of Tribal lands is a serious issue,” said U.S. Attorney Parsons.  “Our office will continue to work with the Oglala Sioux Tribe and all of the Tribal governments across South Dakota to aggressively pursue these cases.”

Mackaben was indicted for violating the Lacey Act by a federal grand jury on April 17, 2018.  He pleaded guilty on July 8, 2019.

The offense involved Mackaben acting as a commercial guide for out-of-state deer hunters.  Mackaben regularly guided the non-resident hunters on hunts on land within Oglala Lakota County, managed by the Oglala Sioux Tribe Parks and Recreation Authority.  The hunters paid Mackaben for guiding and assisting in obtaining hunting licenses.  Mackaben would regularly assist the hunters in obtaining licenses to hunt in other areas that did not include Oglala Lakota County, but then guided the hunts on land within that county.  After deer were illegally taken in violation of tribal and state law, Mackaben also would arrange shipment of deer to the hunters’ home states.

This case was investigated by the U.S. Fish & Wildlife Service and the Oglala Sioux Tribe Parks and Recreation Authority.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

Mackaben was released to begin serving his term of probation.

United States Attorney Ron Parsons announced that a Wakpala, South Dakota, woman has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.

Alyssa Briggs, age 29, was indicted on October 16, 2019.  She appeared before U.S. Magistrate Judge William D. Gerdes on October 28, 2019, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 years in federal prison and a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on September 25, 2019, Briggs did forcibly assault, resist, oppose, impede, intimidate, and interfere with Bureau of Indian Affairs officers while the officers were engaged in their official duties, and said conduct involved physical contact and use of a dangerous weapon that is shod feet.

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

The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency.  Assistant U.S. Attorney Kirsten Jasper is prosecuting the case.   

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

United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on October 21, 2019, by U.S. District Judge Karen E. Schreier.

Michael Bernard Goldberg, age 36, was sentenced to 132 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.

Goldberg was indicted by a federal grand jury on September 5, 2018.  He pled guilty on August 8, 2019.

The conviction stemmed from incidents beginning on an unknown date and continuing until approximately September 2018, when Goldberg, along with at least one other person, reached an agreement or came to an understanding to distribute 500 grams or more of a mixture or substance containing methamphetamine in the District of South Dakota.

Goldberg purchased over 500 grams of methamphetamine from co-conspirators to distribute to his own drug customers in Sioux Falls.

This case was investigated by the Drug Enforcement Administration and the Sioux Falls Area Drug Task Force.  Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.

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

United States Attorney Ron Parsons announced that Kevin Allen Lamm, a/k/a Mike Malone, age 35, of Sioux Falls, South Dakota, was found guilty of Possessing, Distributing, and Producing Child Pornography as a result of a federal jury trial in Sioux Falls, South Dakota. 

The charges carry a maximum penalty of 50 years in federal prison and/or a $250,000.00 fine, lifetime of supervised release, and a $300 special assessment to the Federal Crime Victims Fund.  

Lamm was indicted by a federal grand jury on May 9, 2017. 

The charges stemmed from incidents between January 12, 2017, and April 27, 2017, when Lamm knowingly received and possessed child pornography.  The investigation also revealed that Lamm created a fake Facebook account and used it to persuade a 14 year-old girl in another state to send sexually explicit photographs to him using Facebook Messenger.  When law enforcement searched his Sioux Falls apartment, they found child pornography on a digital memory card.

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

A presentence investigation was ordered and Lamm is scheduled to be sentenced on January 13, 2020.  The defendant was remanded to the custody of the U.S. Marshals Service.