FEDERAL DISTRICT ARCHIVE
District of South Dakota
Press releases recorded for this federal judicial district.
Hartford Man Charged with Being Felon in Possession of ExplosivesRead the Press Release
United States Attorney Ron Parsons announced that a Hartford, South Dakota, man has been indicted by a federal grand jury for Felon in Possession of Explosives and Unlicensed Receipt of Explosive Materials.
Gerald “Jerry” Eldon Gosmire, age 60, was indicted on July 9, 2019. He appeared before U.S. Magistrate Judge Veronica L. Duffy on July 17, 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 per count. Restitution may also be ordered.
The Indictment alleges that on or about November 27, 2018, Gosmire, having been convicted of a crime punishable by imprisonment exceeding one year, and knowing he was not licensed or permitted to transport explosives, knowingly possessed and transported explosive materials.
The charges are merely accusations and Gosmire is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Gosmire was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Butte Man Charged with Sexual Exploitation of a Child and Possession of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Sexual Exploitation of a Child and Possession of Child Pornography.
Dustin Red Legs, age 40, was indicted on May 14, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 16, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 30 years 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 September 24, 2018, Red Legs enticed a minor to engage in sexually explicit conduct for purposes of producing visual depiction of the conduct, and further possessed and attempted to possess material that contained an image of child pornography.
The charges are merely accusations and Red Legs is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Red Legs was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Colorado Woman Sentenced to 20 Years for Conspiring to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that a Colorado Springs, Colorado, woman convicted of Conspiracy to Distribute Methamphetamine was sentenced on July 16, 2019, by Chief Judge Jeffrey Viken, U.S. District Court.
Cathy Wells, age 50, was sentenced to 20 years in federal prison, followed by 5 years supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Wells was indicted for Conspiring to Distribute Methamphetamine & Heroin and Distribution of a Controlled Substance by a federal grand jury on June 19, 2018. She pled guilty on January 4, 2019.
Wells received methamphetamine from a Colorado supplier. The methamphetamine received by Wells was later distributed in Rapid City, South Dakota. Additional co-conspirators are pending sentencing and trials in Rapid City, including one of her Colorado suppliers.
This case was investigated by South Dakota Division of Criminal Investigation, Unified Narcotics Enforcement Team, and the South Dakota Highway Patrol. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Wells, who has been in custody since her initial appearance in South Dakota in September 2018, was immediately turned over to the custody of the U.S. Marshals Service.
Pine Ridge Woman Charged in Stabbing Death of ManRead the Press Release
United States Attorney Ron Parsons announced that a Pine Ridge, South Dakota, woman was charged in federal district court with Second Degree Murder.
Doreen Brown, age 43, was charged on July 1, 2019. Brown appeared before U.S. Magistrate Judge Daneta Wollmann on July 3, 2019, and pleaded not guilty to the charge. The maximum penalty upon conviction is life in federal prison and/or a $250,000 fine, 5 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Brown stabbing a man with a screwdriver at Pine Ridge in June 2019, resulting in his death. The charge is merely an accusation and Brown is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorneys Sarah B. Collins and Heather Sazama are prosecuting the case.
Brown was detained pending trial. A trial date has been set for September 10, 2019.
North Dakota Woman Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Belcourt, North Dakota, woman convicted of Assaulting a Federal Officer was sentenced on July 8, 2019, by U.S. District Judge Roberto A. Lange.
Gloria Peltier, age 20, was sentenced to 12 months and 1 day in federal prison, followed by 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Peltier was indicted by a federal grand jury on January 23, 2019. She pled guilty on March 25, 2019.
The conviction stemmed from an incident on December 18, 2018, when Peltier was being held at the Lower Brule Detention Center and was caught with contraband. When a corrections officer took the contraband, Peltier became agitated and correction officers had to remove Peltier from the jail cell. When the officers were removing Peltier from the cell, she balled her hand into a fist and punched one of the officers in the face causing a laceration.
This case was investigated by the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Peltier was immediately turned over to the custody of the U.S. Marshals Service.
Colorado Man Sentenced for False Statement During Purchase of FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Pueblo, Colorado, man convicted of False Statement During Purchase of Firearm was sentenced on July 15, 2019, by U.S. District Judge Karen E. Schreier.
David Aaron Freyn, age 40, was sentenced to 2 years of probation, 40 hours of community service, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Freyn was indicted by a federal grand jury on May 8, 2018. He pled guilty on April 22, 2019.
The conviction stemmed from an incident on November 6, 2016, when Freyn purchased a firearm at a gun shop in Sioux Falls, South Dakota. Freyn filled out a Department of Justice, Bureau of Alcohol, Tobacco, Firearms, and Explosives Form 4473, Firearms Transaction Record; however, Freyn knowingly made a false and fictitious written statement on that form when he claimed that he was the actual buyer of the firearm, when, in fact, he was not. Freyn knew he was purchasing the firearm for another person and knowingly made the false statement. The other person was a felon that was prohibited from purchasing or possessing firearms.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearm, and Explosives. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Sioux Falls Man Sentenced for Wire Fraud and Mail FraudRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of 10 counts of Wire Fraud and 8 counts of Mail Fraud was sentenced on July 15, 2019, by U.S. District Judge Karen E. Schreier.
Tobias Ritesman, age 42, was sentenced to 108 months in federal prison, followed by 3 years of supervised release, restitution in the amount of $680,000, and a special assessment to the Federal Crime Victims Fund in the amount of $1,800.
Ritesman and co-defendant, Timothy Burns, were indicted by a federal grand jury on January 9, 2018. Ritesman filed a Petition to Plead Guilty on April 15, 2019. The conviction stemmed from incidents beginning on or about May 3, 2016, and August 1, 2017.
“This is an appropriate federal prison sentence for what was an ambitious and surprisingly audacious fraudulent scheme,” said U.S. Attorney Parsons. “A lot of South Dakotans lost a lot of money as the result of the web of lies spun by this defendant.”
Ritesman started a company called Ritesman Enterprises, Inc. (REI) in approximately 2012. Ritesman had three companies that operated under REI’s umbrella: Tinkers and Thinkers, Tiger Consulting, and Global Aquaponics, Inc. Global Aquaponics was active in pursuing investments for a proposed aquaponics facility to be built in Brookings, South Dakota. The purpose of this facility was to raise fish and produce. In approximately June of 2016, Ritesman then formed SD Food Security, LLC (SDFS), which was also involved in the aquaponics project.
Burns owned and operated multiple businesses in the Brookings area: Oakwood Equity, Concrete Contractors (CCI), and Multiply. Burns held these companies under a parent company called Syntech.
The fundraising plan for the aquaponics facility in Brookings was that Global Aquaponics would contribute $5.6 million to the project and own 51% of the facility. SDFS would contribute $5.4 million to the project (raised primarily by selling investment shares) and own 49% of the facility.
The Private Placement Memorandum (PPM) offering an investment opportunity in the aquaponics facility was dated June 20, 2016, and the offering expired on June 19, 2017. It stated that the proposed facility was modeled after an aquaponics facility in Maryland. The PPM said that Global Aquaponics board members included some individuals with aquaponics experience, including an individual involved with the Maryland facility. In addition to describing the project, it identified the specific 40-acre parcel of land near Brookings that would be purchased for the project. The PPM detailed how it would use the proceeds, including spending nearly $1.2 million for purchasing the property.
Between approximately May 3, 2016, and August 1, 2017, Ritesman and Burns received a total of $1,030,000 in investments in the project from 34 investors. Bank records showed that the money from investors was deposited into four different accounts. Ritesman and Burns were each stealing investor money and using it for their own purposes.
Co-defendant Timothy Burns’ sentencing is set for Monday, July 22, 2019.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
Ritesman was immediately turned over to the custody of the U.S. Marshals Service.
St. Francis Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on July 9, 2019, by U.S. District Judge Roberto A. Lange.
Marti Rosalie Whirlwind Soldier, age 23, was sentenced to 50 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.
Whirlwind Soldier was indicted by a federal grand jury on December 11, 2018. She pled guilty on April 30, 2019.
The conviction stemmed from a drug conspiracy that occurred beginning no later than October 15, 2018, and continuing to November 2, 2018, in which Whirlwind Soldier knowingly and intentionally conspired with her co-defendants to distribute and possess with the intent to distribute methamphetamine, a Schedule II controlled substance, in the District of South Dakota. At the time of her arrest, law enforcement recovered a firearm, 256 grams of methamphetamine, scales, baggies and other drug trafficking items.
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 Northern Plains Safe Trails Drug Enforcement Task Force and Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Meghan N. Dilges prosecuted the case.
Whirlwind Soldier was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for AssaultRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Assault by Striking, Beating, or Wounding, and Simple Assault was sentenced on July 8, 2019, by U.S. District Judge Roberto A. Lange.
Jared Bourland, age 38, was sentenced to 14 months in federal prison, followed by 1 year of supervised release, and ordered to pay $2,137.80 in restitution and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Bourland was indicted by a federal grand jury on November 14, 2017. He was found guilty by a jury trial on April 26, 2019.
The convictions stem from incidents on December 28, 2016, and December 29, 2016, when law enforcement was doing a welfare check at the Bourland residence based on a call from Bourland’s mother-in-law. When law enforcement arrived, the victim was upset and crying. The victim left the residence with law enforcement. Later that night, the victim disclosed that over the past two days, she had been strangled, kicked, and punched by Bourland. She was transported to the Indian Health Services where she was treated for her injuries.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Bourland was immediately turned over to the custody of the U.S. Marshals Service.
Current and Former Tribal Officials Indicted for Embezzlement & Theft from an Indian Tribal Organization and Aiding and AbettingRead the Press Release
United States Attorney Ron Parsons announced today that past and present Crow Creek Sioux Tribe councilmembers were indicted by a federal grand jury for embezzlement & theft from an Indian tribal organization, and aiding and abetting.
Roland Robert Hawk, Sr., age 50, Francine Maria Middletent, age 55, Roxanne Lynette Sazue, age 62, and Jacquelyn Ernestine Pease, age 34, all from Ft. Thompson, South Dakota, were indicted on July 9, 2019. All four defendants appeared before U.S. Magistrate Judge Veronica Duffy on July 12, 2019, and pled not guilty to the Indictment.
According to the Indictment, in about March 2014 through February 2019, Hawk, Middletent, Sazue, and Pease embezzled, stole, willfully misapplied, willfully permitted to misapply, and converted to their own use over $1,000 of monies, funds, credit, goods, assets, and other property belonging to the Crow Creek Sioux Tribe. During the timeframe, Hawk served as the elected Treasurer of the tribe, and all of the other defendants worked for Hawk in the tribe’s finance office. In their respective leadership roles and employment positions, the defendants had the opportunity to access the funds that were embezzled from the tribe.
The maximum penalties for each defendant upon conviction are as follows: 5 years imprisonment and/or a $250,000 fine; 3 years of supervised release; $100 to the Federal Crime Victims Fund; and restitution may be ordered.
The charges are merely accusations and the defendants are presumed innocent until and unless proven guilty.
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.
Hawk, Sr. was remanded to the custody of the U.S. Marshals Service. Defendants Pease, Middletent, and Sazue were released on bond. A trial date has not been set.
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.
Two Men Sentenced for Drug and Gun ChargesRead the Press Release
United States Attorney Ron Parsons announced that two men convicted of Conspiracy to Distribute a Controlled Substance and Possession of a Firearm During a Drug Trafficking Crime, were sentenced by U.S. District Judge Charles B. Kornmann.
Dayvon Byrd, age 29, from Watertown, South Dakota, convicted of Conspiracy to Distribute a Controlled Substance, was sentenced to 60 months in federal prison, followed by 5 years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Joshua Noel Paul, age 38, from Watertown, South Dakota, convicted of Conspiracy to Distribute a Controlled Substance and Possession of a Firearm During a Drug Trafficking Crime, was sentenced to 211 months in federal prison, followed by 5 years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Byrd was indicted by a federal grand jury on June 13, 2018, and a Superseding Information was filed on November 16, 2011. He pled guilty on December 7, 2018. Paul was indicated by a federal grand jury on March 13, 2018, and a Superseding Indictment was filed on June 12, 2018. He pled guilty on September 14, 2018.
The convictions stem from a methamphetamine conspiracy in and around the Watertown and Sisseton areas from November 23, 2017, through February 28, 2018. The conspiracy involved over 500 grams of methamphetamine, a Schedule II controlled substance. Byrd, and three other co-defendants, Alexis Dumarce, Amos Hall, and Danny Callahan, were selling methamphetamine brought to South Dakota from California by Paul and co-defendant Victor Caperon. Caperon and Paul were found with six pounds of methamphetamine on February 28, 2018, during a traffic stop in Corson County, South Dakota. This methamphetamine was intended for sale in the Watertown and Sisseton areas.
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 Northern Plains Safe Trails Drug Enforcement Task Force, South Dakota Division of Criminal Investigation, Corson County Sheriff’s Office, Mobridge Police Department, and the Watertown Police Department. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Byrd and Paul were immediately turned over to the custody of the U.S. Marshals Service.
Hearing Set for Michael Lambert Seabrooke in Federal CourtRead the Press Release
Greenville, South Carolina --- United States Attorney Sherri A. Lydon announced today that Michael Lambert Seabrooke, of Columbia, was arrested on a federal criminal complaint and charged with possessing firearms (destructive devices) which are not registered to him in the National Firearms Registration and Transfer Record.
Seabrooke will have a detention and preliminary hearing at 10:00 a.m. on Monday, July 15, 2019, on the third floor of the Clement F. Haynsworth Federal Courthouse, 300 East Washington Street, Greenville, South Carolina. United States Magistrate Judge Kevin McDonald will preside.
This case is being investigated by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Pickens Police Department. It is being prosecuted by Assistant United States Attorney Max Cauthen of the Greenville Office.
U.S. Attorney Lydon stated that all charges in this case are merely allegations and that the defendant is presumed innocent until and unless proven guilty.
#####
St. Francis Woman Sentenced for Meth and Gun ChargesRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person was sentenced on July 1, 2019, by U.S. District Judge Roberto A. Lange.
Rainbow Stoneman, age 37, was sentenced to 100 months in federal prison, 4 years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Stoneman was indicted by a federal grand jury on December 11, 2018. She pled guilty on April 16, 2019.
The conviction stemmed from a drug conspiracy that occurred beginning no later than October 15, 2018, and continuing to November 2, 2018, in which Stoneman knowingly and intentionally conspired with her co-defendants to distribute and possess with the intent to distribute methamphetamine, a Schedule II controlled substance, in the District of South Dakota. Further, Stoneman was an unlawful user of and addicted to a controlled substance, which prohibited her from possessing firearms, and she was in possession of a firearm at the time of her arrest. At the time of her arrest, law enforcement recovered 256 grams of methamphetamine, scales, baggies and other drug trafficking items.
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 Northern Plains Safe Trails Drug Enforcement Task Force and Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Meghan N. Dilges prosecuted the case.
Stoneman was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Woman Charged with Methamphetamine OffensesRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, woman has been indicted by a federal grand jury for Conspiracy to Distribute Methamphetamine, Aiding and Abetting Possession with Intent to Distribute Methamphetamine, and Possession with Intent to Distribute Methamphetamine.
Terri Paulhamus, age 38, was indicted on August 14, 2018. She appeared before U.S. Magistrate Judge Mark A. Moreno on June 6, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 40 years in federal prison and/or a $5,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that beginning at a time unknown, but no later than on or about October 26, 2016, and continuing to August 14, 2018, Paulhamus, knowingly and intentionally, conspired and agreed with persons to knowingly and intentionally distribute and possess with intent to distribute 50 grams or more of methamphetamine. The Indictment further alleges that on or about October 26, 2016, and October 14, 2017, Paulhamus aided and abetted possession with intent to distribute methamphetamine and possessed with intent to distribute methamphetamine, respectively.
The charges are merely accusations and Paulhamus is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Paulhamus was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Nebraska Woman Indicted on Methamphetamine ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Nebraska woman has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.
Marcitta Connors, age 24, was indicted on September 11, 2018. She appeared before U.S. Magistrate Judge Mark A. Moreno on May 8, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in prison and/or a $10,000,000 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 beginning no later than January 1, 2015, continuing to September 11, 2018, Connors knowingly and intentionally conspired with others to distribute and possess with the intent to distribute methamphetamine.
The charge is merely an accusation and Connors is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trials Drug Enforcement Task Force. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Connors was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mission Woman Sentenced for Misprision of a FelonRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, woman convicted of Misprision of a Felon was sentenced on May 13, 2019, by U.S. District Judge Roberto A. Lange.
Sharlie Colombe, a/k/a Sharli Colombe, age 35, was sentenced to 3 years’ probation, ordered to pay restitution in the amount of $10,000, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Colombe was indicted by a federal grand jury on February 14, 2018, which was followed by a Superseding Information on February 19, 2019. She pled guilty to the Superseding Information on February 19, 2019.
The conviction stemmed from an incident that occurred between February 4, 2011, through June 6, 2017, where Co-Defendant Mark O’Leary passed at least 544 checks drawn on a bank account belonging to the victim. The checks were used for personal items for O’Leary and the purchases were not authorized by the owner of the bank account. Colombe knew of O’Leary’s activities, helping him to cash some of the checks and did not report it to law enforcement.
This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Mission Man Acquitted on Ammunition ChargeRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man was acquitted of Possession of Ammunition by a Felon as a result of a federal jury trial in Pierre, South Dakota, on June 5 and June 6, 2019.
Aaron Santistevan, age 43, was indicted by a federal grand jury on February 13, 2019, and a Superseding Indictment was filed on May 14, 2019.
The charge relates to the allegation that on December 28, 2018, Santistevan, having been previously convicted of a crime punishable by imprisonment for more than one year, possessed 40 rounds of copper-jacketed, hollow point .50 Action Express caliber handgun ammunition.
The investigation was conducted by Rosebud Sioux Tribe Law Enforcement Services and the U.S. Attorney's Office prosecuted the case.
Midland Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that a Midland, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on August 8, 2019, by U.S. District Judge Roberto A. Lange.
Angelica Dolloff, age 31, was sentenced to 60 months in federal prison, 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Dolloff was indicted by a federal grand jury on June 12, 2018. She pled guilty on February 20, 2019.
The conviction stemmed from a methamphetamine trafficking conspiracy that occurred between June 1, 2013, and continued through June 12, 2018, wherein Dolloff knowingly and intentionally combined, conspired, confederated, and agreed with others to distribute between 500 grams and 1.5 kilograms of methamphetamine. When arrested, Dolloff was unlawfully in possession of .40 caliber pistol ammunition.
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 Northern Plains Safe Trails
Drug Enforcement Task Force and the South Dakota Division of Criminal Investigation. Assistant U.S. Meghan N. Dilges prosecuted the case.
Dolloff was released on conditions pending placement at a Bureau of Prisons facility to begin serving her custody sentence.
Fort Thompson Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that a Fort Thompson, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on May 13, 2019, by U.S. District Judge Roberto A. Lange.
Brooke Kristen Shields, age 32, was sentenced to 87 months in federal prison, 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Shields was indicted by a federal grand jury on November 14, 2018.
She pled guilty on February 19, 2019.The conviction stemmed from her involvement in a methamphetamine distribution conspiracy beginning at some point before January 1, 2017, and continuing until November 14, 2018. Shields conspired to knowingly and intentionally distribute and possess with the intent to distribute 500 grams or more of methamphetamine.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Shields was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Woman Sentenced for Methamphetamine ChargesRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on June 17, 2019, by U.S. District Judge Roberto A. Lange.
Marilyn Ducheneaux, age 22, was sentenced to 57 months in federal prison, 5 years of supervised release, a $500 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Ducheneaux was indicted by a federal grand jury on October 16, 2018. She pled guilty on April 1, 2019.
The conviction stemmed from conduct that occurred beginning at a time unknown, but no later than on January 1, 2016, and continuing to October 16, 2018, in South Dakota, when Ducheneaux knowingly and intentionally conspired with others to distribute and possess with the intent to distribute methamphetamine, a Schedule II controlled substance.
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 Meghan N. Dilges prosecuted the case.
Ducheneaux was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced on Firearm ChargesRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Possession of an Unregistered Firearm was sentenced on June 18, 2019, by U.S. District Judge Roberto A. Lange.
Devin Dolphus, a/k/a Devin Pretty Weasel, age 19, was sentenced to 24 months in federal prison, 3 years of supervised release, forfeiture of a firearm and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Dolphus was indicted by a federal grand jury on March 12, 2019. He pled guilty on April 3, 2019.
The conviction stemmed from an incident that occurred on January 16, 2019. Law enforcement responded to a call of an unknown individual sleeping in a vehicle. Once on scene, law enforcement found and seized a firearm from Dolphus’ vehicle, the firearm had a barrel length of less than 18 inches, and was not registered to Dolphus in the National Firearms Registration and Transfer Record.
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 Northern Plains Safe Trails Drug Enforcement Task Force, Cheyenne River Sioux Tribe Law Enforcement Services and The Bureau of Alcohol, Tobacco, and Firearms. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Dolphus was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Charged with Burglary, Larceny, and Firearm OffensesRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for First Degree Burglary, Larceny, Possession of a Stolen Firearm, and Possession of a Firearm by a Felon.
Judson His Law, age 24, was indicted on May 14, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 30, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 25 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 February 13, 2019, His Law unlawfully entered and remained in an occupied residence with the intent to commit the crime of larceny and that he in fact stole a firearm and a Dodge Challenger Hellcat from the residence. The Indictment further alleges that His Law possessed a firearm having previously been convicted of a felony offense.
The charges are merely accusations and His Law 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.
His Law was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Dupree Man Sentenced for Drug ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Dupree, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance and Possession with Intent to Distribute a Controlled Substance was sentenced on May 14, 2019, by U.S. District Judge Roberto A. Lange.
Waylon Young Bird, age 50, was sentenced to 136 months in federal prison, 5 years of supervised release, a fine in the amount of $1,000, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Young Bird was indicted by a federal grand jury on May 15, 2018. He was found guilty by a Jury on April 4, 2019.
The conviction stemmed from incidents that occurred from January 1, 2016 until May 15, 2018, when Young Bird 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 Cheyenne River Indian Reservation. The Jury also convicted Young Bird of knowingly and intentionally possessing with the intent to distribute a detectable amount of methamphetamine from a March 9, 2018, traffic stop. During this stop, Young Bird was found to have just under 10 grams of methamphetamine hidden in his sock in eight little baggies.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Young Bird was immediately turned over to the custody of the U.S. Marshals Service.
Chamberlain Man Indicted for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that a Chamberlain, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.
Philip Battese, a/k/a Philip Anthony Battese, Jr., age 37, was indicted on April 9, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 3, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in prison and/or a $10,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that beginning no later than on or about January 1, 2016, and continuing to April 9, 2019, in South Dakota, Battese knowingly and intentionally, combined, conspired, confederated, and agreed with others to distribute and possess with intent to distribute methamphetamine.
The charge is merely an accusation and Battese is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and the Bureau of Indian Affairs. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Battese was released on bond pending trial. A trial date has not been set.
Rosebud Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on July 8, 2019, by U.S. District Judge Roberto A. Lange.
Jonathan Anthony Jones, a/k/a D.J. Jones, age 29, was sentenced to 21 months in federal prison, followed by 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Jones was indicted by a federal grand jury on January 22, 2019. He pled guilty on April 29, 2019.
The conviction stemmed from an incident that occurred in Mission, South Dakota, on November 16, 2018. On that date, Rosebud Sioux Tribe Law Enforcement Services Officers responded to a report of an intoxicated person at Mission City Park. Officers subsequently made contact with Jones, who was intoxicated and was walking with a small child. Jones was placed under arrest for child neglect and public intoxication and was placed in a patrol vehicle. Jones subsequently became belligerent and began kicking the door of the patrol vehicle. The officer stopped the vehicle and opened the door to gain Jones’ compliance, at which point Jones kicked the officer.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Jones was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Sentenced for AssaultRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on July 3, 2019, by U.S. Magistrate Judge Mark A. Moreno.
Travis Bird In Ground, age 20, was sentenced to 2 years of probation and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Bird In Ground was indicted by a federal grand jury on February 13, 2019. He pled guilty on July 3, 2019.
The conviction stemmed from an incident that occurred on August 25, 2018, Bird In Ground did forcibly assault, oppose, impede, intimidate, and interfere with a law enforcement officer who was employed by the Rosebud Sioux Tribe Law Enforcement Services, and that such conduct involved physical contact.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Rapid City Man Sentenced for RobberyRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of two counts of Robbery was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Miles Michael Goings, age 25, was sentenced on June 28, 2019, to 8 years and 1 month in federal prison, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and restitution to the victims on each count.
Goings was indicted by a federal grand jury in November 2018. The charges related to Goings robbing the victim in his residence on June 10, 2018, at Pine Ridge. Goings took the victim’s property, and then assaulted him by kicking him in the face before stealing his vehicle. On July 21, 2018, Goings was again at Pine Ridge and robbed another victim at Pizza Hut by forcibly taking her vehicle from the parking lot.
This case was investigated by the Bureau of Indian Affairs - Office of Justice Services. Assistant U.S. Attorneys Megan Poppen and Cassandra DeCoste prosecuted the case.
Goings was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Illegal Possession of a Short-Barrel ShotgunRead the Press Release
United States Attorney Ron Parsons announced that Rapid City, South Dakota, man convicted of Possession of an Unregistered Firearm was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Scott Schauer, age 48, was sentenced on July 2, 2019, to 2 and 1/2 years 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.
The charge related to Schauer knowingly being in possession of a short-barrel shotgun. Additionally Schauer was involved with trading methamphetamine for two Kahr semi-automatic pistols which had been stolen from The Rooster at Rapid City in August 2018.
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.
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.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the South Dakota Department of Criminal Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Ben Patterson prosecuted the case.
Schauer was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Illegal Possession of a FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Kyle Tobacco, age 25, was sentenced on July 3, 2019, to 46 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.
The charge related to Tobacco, a previously convicted felon who is prohibited from possessing firearms, being in possession of a .45 caliber semi-automatic pistol at Rapid City in September 2018.
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 was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Ben Patterson prosecuted the case.
Tobacco was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Attempted Receipt of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Attempted Receipt of Child Pornography was sentenced on July 3, 2019, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Timothy George Bender, age 56, was sentenced to 5 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.
The conviction stemmed from Bender communicating with someone he believed to be a minor for the purpose of engaging in sexual acts and requesting that the minor send pornographic images to Bender.
The investigation was conducted by the Internet Crimes Against Children Taskforce. Assistant U.S. Attorney Sarah Collins prosecuted the case.
Bender was immediately remanded to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Attempted Receipt of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Attempted Receipt of Child Pornography was sentenced on July 2, 2019, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Eric Afrank, age 24, was sentenced to 5 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.
Afrank was one of nine men who were arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2017 Sturgis Motorcycle Rally, targeting persons willing to pay to have sex with underage girls or boys obtained through the Internet. The conviction stemmed from Afrank communicating with someone he believed to be a minor for the purpose of engaging in sexual acts and requesting that the minor send pornographic images to Afrank.
The undercover operation and arrests were a joint effort between the South Dakota Division of Criminal Investigation, the Department of Homeland Security, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s office. Assistant U.S. Attorney Sarah Collins prosecuted the case.
Afrank was immediately remanded to the custody of the U.S. Marshals Service.
Porcupine Man Sentenced to over 15 Years in Federal PrisonRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Aggravated Sexual Abuse was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Don Williams, age 47, was sentenced on July 1, 2019, to 15 ½ 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.
Williams was indicted by a federal grand jury in October 2018. The charge related to Williams grabbing a female victim and forcing her to his bedroom. Williams struck her in the head, causing her to lose consciousness. She awoke to Williams sexually abusing her.
This case was investigated by the Bureau of Indian Affairs - Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorneys Megan Poppen and Cassandra DeCoste prosecuted the case.
Williams was immediately turned over to the custody of the U.S. Marshals Service.
North Dakota Man Sentenced in Drug ConspiracyRead the Press Release
United States Attorney Ron Parsons announced that a Killdeer, North Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Dustin Eck, age 35, was sentenced on July 2, 2019, to 9 years in federal prison, followed by 4 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The charge related to Eck obtaining methamphetamine in Denver, Colorado, and selling it to individuals in South Dakota between December 2017 and March 2018. Eck was discovered to be in possession of methamphetamine after a traffic stop near Rapid City on March 8, 2018.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the South Dakota Department of Criminal Investigation, and the South Dakota Highway Patrol. Assistant U.S. Attorney Ben Patterson prosecuted the case.
Eck was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Domestic Assault by an Habitual OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Domestic Assault by an Habitual Offender was sentenced on July 8, 2019, by U.S. District Judge Roberto A. Lange.
Jodie Brave, a/k/a Jody Brave, age 48, 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.
Brave was indicted by a federal grand jury on August 13, 2018. He pled guilty on January 23, 2019.
The conviction stemmed from an incident that occurred on June 29, 2018, wherein Brave assaulted his domestic partner at their home in Mission. At the time of this incident, Brave had two prior convictions in Rosebud Sioux Tribal Court for Domestic Abuse, and was on federal supervised release for a prior conviction for Domestic Assault by an Habitual Offender.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Brave was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on July 8, 2019, by U.S. District Judge Roberto A. Lange.
Dayvon Sanchez, age 20, was sentenced to time served through October 1, 2019 (approximately 7 months), in federal prison, 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Sanchez was indicted by a federal grand jury on February 14, 2018. He pled guilty on April 29, 2019.
The conviction stemmed from an incident that occurred in Mission, on November 19, 2017. On that date, Rosebud Sioux Tribe Law Enforcement Services Officers responded to a report that Sanchez had taken a vehicle and was driving drunk. The officers subsequently located Sanchez at a residence in Mission and informed him he was under arrest. Sanchez physically resisted, and kicked one of the officers.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Sanchez was immediately turned over to the custody of the U.S. Marshals Service.
Hot Springs Man Sentenced on Firearm and Drug ChargesRead the Press Release
United States Attorney Ron Parsons announced that Hot Springs, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person and Distribution of a Controlled Substance was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Kory Moore, age 27, was sentenced on July 3, 2019, to 4 years in federal prison, followed by 3 years of supervised release, and was ordered to pay a $200 special assessment to the Federal Crime Victims Fund.
The charges related to Moore, a previously convicted felon prohibited from possessing firearms, being found to knowingly be in possession of a .40 caliber semi-automatic pistol during a traffic stop on June 7, 2018, at Rapid City. Additionally, earlier that day Moore obtained methamphetamine and sold it to another individual.
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.
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.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Safe Trails Task Force, and the Rapid City Police Department. Assistant U.S. Attorney Ben Patterson prosecuted the case.
Moore was immediately turned over to the custody of the U.S. Marshals Service.
Former Rapid City Priest Charged with Wire Fraud, Money Laundering, and Transporting Stolen MoneyRead the Press Release
United States Attorney Ron Parsons announced that a Kent, Washington, man was charged in federal district court with 50 counts of Wire Fraud, nine counts of Money Laundering, and one count of Transportation of Stolen Money.
Marcin Stanislaw Garbacz, age 41, a former Rapid City priest, was charged on May 21, 2019. Garbacz appeared before U.S. Magistrate Judge Daneta Wollmann on July 3, 2019, and pleaded not guilty to the charges.
The maximum penalty upon conviction is 20 years in federal prison and/or a $500,000 fine, 3 years of supervised release, and $6,000 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Garbacz, while employed as a pastor with the Diocese of Rapid City, defrauding the Diocese by stealing cash donations made by parishioners for his own personal use between July 2012 and April 2018.
The charges are merely accusations and Garbacz is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Internal Revenue Service-Criminal Investigation and the Federal Bureau of Investigation. Assistant U.S. Attorney Benjamin Patterson is prosecuting the case.
Garbacz was detained pending trial. A trial date has not been set.
Arizona Man Sentenced for Attempted Receipt of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that a Glendale, Arizona, man convicted of Attempted Receipt of Child Pornography was sentenced on July 2, 2019, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Walter Curaba, age 49, was sentenced to 5 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.
Curaba was one of five men who were arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2014 Sturgis Motorcycle Rally, targeting persons willing to pay to have sex with underage girls obtained through the Internet. All five men were indicted for Commercial Sex Trafficking.
The conviction stemmed from Curaba responding to a Craigslist.com advertisement posted by Division of Criminal Investigation undercover agents, which purported to offer young girls for sex. Following several messages with a person Curaba believed to be associated with a 12-year-old girl, but who was in fact an undercover agent, he proceeded to negotiate the time and place they would meet, along with the price he would pay, which was $250.
The undercover operation and arrests were a joint effort between the South Dakota Division of Criminal Investigation, the Department of Homeland Security, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s office. Assistant U.S. Attorney Sarah Collins prosecuted the case.
Curaba was immediately turned over to the custody of the U.S. Marshals Service.
Swiftbird Man Sentenced for Aggravated Sexual AbuseRead the Press Release
United States Attorney Ron Parsons announced that a Swiftbird, South Dakota, man convicted of Aggravated Sexual Abuse was sentenced on July 1, 2019, by U.S. District Judge Roberto A. Lange.
Raven Different Horse, age 28, was sentenced to 84 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.
Different Horse was indicted by a federal grand jury on May 31, 2018. He pled guilty on April 3, 2019.
The conviction stemmed from an incident on January 23, 2018, when Different Horse accused his wife of being with another man. When Different Horse’s wife denied the allegation, Different Horse became more agitated, and both physically and sexually abused his wife over a three-day period.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Different Horse was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Indicted on Assault ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Michael Anthony Toledo, age 39, was indicted on March 12, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 28, 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 April 18, 2017, Toledo did forcibly assault, oppose, impede, intimidate, and interfere with a law enforcement officer who was employed by the Rosebud Sioux Tribe Law Enforcement Services.
The charge is merely an accusation and Toledo is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Michael J. Elmore is prosecuting the case.
Toledo was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rapid City Man Indicted for Failure to Register as a Sex OffenderRead the Press Release
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.
Trevor Red Bird, age 30, was indicted on June 11, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 28, 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.
Red Bird was convicted of Abusive Sexual Contact in May 2008. As a result of this conviction, he is required to register as a sex offender. It is alleged that between April 7, 2019, and June 11, 2019, Red Bird, 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 Red Bird 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.
Red Bird was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Pine Ridge Man Sentenced for Drug ConspiracyRead the Press Release
United States Attorney Ron Parsons announced that a Pine Ridge, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on June 27, 2019, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Loren Shon Waters, age 46, 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.
From May 2016 through February 2018, Waters sold and distributed 500 grams or more of methamphetamine in western South Dakota, primarily on the Pine Ridge Reservation.
This case was investigated by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Gina Nelson prosecuted the case.
Waters was immediately turned over to the custody of the U.S. Marshals Service.
Parmelee Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Ron Parsons announced that a Parmelee, South Dakota, man convicted of Abusive Sexual Contact was sentenced on July 1, 2019, by U.S. District Judge Roberto A. Lange.
Mason Neck, age 28, was sentenced to 72 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.
Neck was indicted by a federal grand jury on February 14, 2018. He pled guilty on April 3, 2019.
The conviction stemmed from conduct that occurred between June 2016 and August 2016, wherein Neck knowingly engaged in sexual contact with a child who was between two and three years old.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Neck was immediately turned over to the custody of the U.S. Marshals Service.
New Mexico Man Sentenced for Failure to Pay Child SupportRead the Press Release
United States Attorney Ron Parsons announced that a Pueblo of Acoma, New Mexico, man convicted of Failure to Pay Child Support was sentenced on July 1, 2019, by U.S. District Judge Karen E. Schreier.
Joseph A. Mesteth, age 50, was sentenced to 5 years of probation, $104,160.81 in restitution, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Mesteth was indicted by a federal grand jury on December 4, 2018. He pled guilty on April 12, 2019.
The conviction stemmed from the fact that Mesteth, who was to pay child support for his minor children who live in South Dakota, failed to willfully do so.
This case was investigated by the U.S. Department of Health and Human Services, Office of Inspector General. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
Man Sentenced for Sexual Abuse of a MinorRead the Press Release
United States Attorney Ron Parsons announced that a Oglala, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Wesley Blacksmith, age 42, was sentenced on July 1, 2019, to 17 1/2 years in federal prison, followed by 10 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Blacksmith was indicted by a federal grand jury in June 2018. The conviction stems from Blacksmith, who is a sex offender by reason of a previous conviction for Sexual Abuse of a Minor, having a sexual relationship with a 15 year-old female in 2017 in Oglala. A child was born in January 2018 from this relationship.
This case was investigated by the Bureau of Indian Affairs - Office of Justice Services. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Blacksmith was immediately turned over to the custody of the U.S. Marshals Service.
Fort Thompson Man Sentenced for Possession of a Stolen FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Fort Thompson, South Dakota, man convicted of Possession of a Stolen Firearm was sentenced on July 1, 2019, by U.S. District Judge Roberto A. Lange.
Jacob Hawk Wing, age 25, was sentenced to 26 months in federal prison, followed by 3 years of supervised release, restitution in the amount of $190, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Hawk Wing was indicted by a federal grand jury on September 11, 2018. He pled guilty on April 3, 2019.
The conviction stemmed from an incident on July 29, 2018, when law enforcement had heard gun shots and located Hawk Wing and Craig Ross. Hawk Wing fled the scene, but was later apprehended and ultimately admitted to stealing a rifle that law enforcement had found while searching for Hawk Wing. Based on his role in the offense, Ross plead guilty to being a felon in possession of a firearm and was sentenced on February 19, 2019, to 26 months in federal prison.
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 Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Hawk Wing was immediately turned over to the custody of the U.S. Marshals Service.
California Man Sentenced for Illegally Possessing Firearms Stolen from the Rooster Sporting Good StoreRead the Press Release
United States Attorney Ron Parsons announced that an Elk Grove, California, man convicted of Possession of a Firearm by a Prohibited Person was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Travis Jones, age 32, was sentenced on June 28, 2019, to 36 months in federal prison, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The conviction stems from Jones, a previously convicted felon who is prohibited from possessing firearms, trading methamphetamine for two Kahr semi-automatic pistols, which had been stolen from The Rooster in Rapid City, South Dakota, in August 2018.
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.
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.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the South Dakota Department of Criminal Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Ben Patterson prosecuted the case.
Jones was immediately turned over to the custody of the U.S. Marshals Service.
Attorney General’s Advisory Subcommitee on Native American Issues Meets to Discuss Violent Crime in Indian CountryRead the Press Release
WASHINGTON, D.C. – Attorney General William P. Barr’s Advisory Subcommittee on Native American Issues (NAIS) convened during the U.S. Attorney’s National Conference in Washington, D.C., to discuss a wide range of justice issues affecting Indian Country, announced U.S. Attorney Trent Shores (OK-N), Chair, and U.S. Attorney Kurt Alme (MT), Vice Chair. U.S. Attorney Ron Parsons (SD), who heads the NAIS Law Enforcement Resources Working Group, was also in attendance.
“The Native American Issues Subcommittee is focused on reducing violent crime against women and children in Indian Country, including missing and murdered indigenous persons,” said U.S. Attorney Trent Shores. “I am thankful for Attorney General Barr’s leadership on these issues. He understands the law enforcement and jurisdictional challenges faced by Native Americans and Alaska Natives. We look forward to working with him and with our federal, tribal, state and local partners to find viable solutions that will improve public safety in Indian country.”
“It was an honor to be hosted in the Indian Treaty Room at the White House to work on these important issues,” said U.S. Attorney Parsons. “The Department of Justice is committed to doing everything it can to improve public safety in Native American communities across the United States.”
On Tuesday, the NAIS met with Tara Sweeny, Assistant Secretary of Indian Affairs, Department of the Interior, and discussed cross-agency collaboration in order to provide more responsive and effective justice services to Indian Country. They further discussed Indian Country case investigations, case intake and tracking databases, and tribal law enforcement resource allocation. The NAIS also reviewed President Trump’s priorities for Indian Country justice. Those priorities include protecting Native American children in the Indian Health Services system, collaboration among Department of Justice, the Department of the Interior, and tribal law enforcement agencies, reducing violent crime, and providing services to help victims to overcome trauma.
On Wednesday, U.S. Attorney Shores moderated a panel titled Murdered and Missing Indigenous Women: A Crisis in Urban America & Indian Country. Panelists included Charles Addington, Director of the Office of Justice Services, Bureau of Indian Affairs; Kurt Alme, U.S. Attorney for the District of Montana; Tracy Toulou, Director of the Office of Tribal Justice; Laura Rogers, Acting Director of the Office on Violence Against Women; and Bryan Vorndran, Deputy Assistant Director of the FBI. The panel discussed the development and implementation of protocols to investigate murdered and missing indigenous persons and how to more accurately measure the scope of the problem in both urban America and Indian Country in order to develop strategies to address it.
In August, the subcommittee is scheduled to reconvene in Indian Country in New Mexico.
The NAIS consists of the approximately 53 U.S. Attorneys serving in districts that include Indian Country or one or more federally recognized tribes. The NAIS focuses exclusively on Indian Country issues, both criminal and civil, and makes policy recommendations to the Attorney General regarding public safety and legal issues that impact tribal communities.
The NAIS is the longest standing subcommittee to the Attorney General’s Advisory Committee and helps develop, shape, and otherwise implement justice policies affecting Native Americans and Alaska Natives. The NAIS has identified four priority areas: 1) Violent crime 2) Law enforcement resources 3) Drug trafficking and substance abuse, and 4) White collar crime.
South Dakota Federal Prosecutor Honored with Top American Bar Association Award for Young LawyersRead the Press Release
SIOUX FALLS, SD – United States Attorney Ron Parsons is pleased to announce that Tamara Nash, Special Assistant U.S. Attorney in the Sioux Falls Office, has just been named as one of the American Bar Association’s Top 40 young lawyers as recognized by the ABA On The Rise Award.
The On The Rise Award program provides national recognition for ABA young lawyer members who exemplify a broad range of high achievement, innovation, vision, leadership, and legal and community service.
“Tamara Nash’s strength of character and dedication to the rule of law bring honor to the Department of Justice,” said U.S. Attorney Parsons.
Tamara attended Wayne State College (Wayne, Nebraska), where she graduated magna cum laude in 2009. Immediately following college Tamara perused her life-long dream of becoming an attorney and attended the University of South Dakota School of Law, graduating with honors in 2013.
Upon completing her education, Tamara clerked for one year with the Second Judicial Circuit in Sioux Falls. While clerking, Tamara had a diverse experience in the law and had the opportunity to be mentored by several members of the judiciary.
Following clerking, Tamara achieved her career goal of becoming a prosecutor when she was hired in 2014 to serve as Deputy State’s Attorney for Union County, South Dakota. In that capacity, Tamara prosecuted misdemeanor and juvenile offenses in rural South Dakota.
In spring 2016, Tamara transitioned into her current position as a Special Assistant United States Attorney for the State of South Dakota. She represents both the federal and state arms of prosecution. Tamara works with both the Attorney General’s Office as well as the United States Attorney Office to prosecute firearm and high intensity drug cases.
Tamara maintains her commitment to public service by remaining active in the legal community. In the South Dakota State Bar, Tamara serves as President of the South Dakota State Bar Young Lawyers Section. She also serves on the State Bar Law School Committee and Committee for Diversity and Inclusion. Tamara also is active within the American Bar Association Young Lawyers Division. This year, Tamara serves as the Chair of the Minorities in the Profession Committee and a Liaison to the Women in the Profession Committee.
U.S. Attorney’s Guardians Project Results in Multiple Defendants Facing Federal Charges and Sentencing for Fraud, Theft, Embezzlement, and CorruptionRead the Press Release
SIOUX FALLS, SD - United States Attorney Ron Parsons announced charges in the following cases, all separately noted below, that were brought pursuant to the U.S. Attorney’s Office’s Guardians Project. The Project is 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 United States Attorney’s Office, the participating federal 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.
Five Central South Dakota Women Sentenced for Retaliating Against Witness
Tally Colombe, age 44, Fort Thompson, South Dakota was sentenced on December 19, 2018; Elnita Rank, age 82, Fort Thompson, South Dakota; Kristal Hawk, age 58, Fort Thompson, South Dakota; Ronda Hawk, age 60, Fort Thompson, South Dakota; and Tiffany Monteau, age 44, Chamberlain, South Dakota, were sentenced on February 22, 2019, by U.S. District Judge Roberto A. Lange. Colombe, Rank, Kristal, Ronda, and Monteau were found guilty following a jury trial on November 2, 2018.
Colombe was sentenced to 4 months in federal prison to run concurrent to her current federal sentence for wire fraud and federal program fraud, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victim’s Fund in the amount of $100. Rank was sentenced to 12 months supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victim’s Fund in the amount of $100. Kristal was sentenced to 3 months home confinement, 12 months supervised release, and a special assessment to the Federal Crime Victim’s Fund in the amount of $100. Ronda and Monteau were both sentenced to 12 months supervised release and a special assessment to the Federal Crime Victim’s Fund in the amount of $100.
Between September 8, 2017, and September 12, 2017, Colombe, Rank, Kristal, Ronda, and Monteau conspired to knowingly take harmful action against a witness in an attempt to retaliate against her for providing truthful information to law enforcement relating to the commission and possible commission of a federal offense, namely program fraud and wire fraud. The retaliation included interfering with the lawful employment and livelihood of the witness when Rank, Kristal, Ronda, and Monteau forcibly removed the victim witness from her office and blocked her from performing her contracted duties.
Idaho Man Charged with Wire Fraud and Conspiracy
Calvin Pelichet, age 47 of Boise, Idaho, appeared before a magistrate judge in Idaho on May 15, 2019, and pled not guilty to an Indictment that charged him with Conspiracy to Commit Wire Fraud and Wire Fraud.
According to documents filed with the Court, beginning at a time unknown but no later than on or about December 2015, and continuing through December 2016, in the District of South Dakota and elsewhere, All Around Sports, LLC, with others known and unknown to the United States, did conspire to commit the offense of wire fraud. By and through company representatives, including Pelichet, Kristen DeBoer, and the owner, Christopher Hoshaw, 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. The object of the conspiracy was to enrich AAS’ owner, managers, and employees by obtaining fraudulent funds.
On or about May 11, 2016, in the District of South Dakota and elsewhere, Christopher A. Hoshaw and Kristen 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.
Hoshaw was released on bond pending sentencing. His sentencing date is currently set for August 12, 2019. In addition to the guilty pleas of Hoshaw and All Around Sports, LLC, Kristin DeBoer pleaded guilty for her role in the fraud scheme on July 30, 2018. DeBoer was released on bond pending sentencing. Her sentencing date is currently set for August 12, 2019.
Pelichet made his appearance in the District of South Dakota at the federal courthouse in Sioux Falls on June 26, 2019. The charges are merely an accusation and the defendant is presumed innocent until and unless proven guilty. Pelichet has been detained.
Two Former Crow Creek Tribal Court Clerks Charged with Embezzlement
Kathleen Goodlow, age 68, and Christine Reed, age 41, were indicted on May 8, 2019, for Embezzlement and Theft from an Indian Tribal Organization.
The charges are merely accusations and the defendants are presumed innocent until and unless proven guilty.
The Indictment alleges that from August 2017 through October 2018, Goodlow and Reed embezzled and converted to their own use more than $1,000 of monies, funds, credits, goods, assets, and other property belonging to the Crow Creek Tribal Court, an Indian Tribal Organization.
Goodlow recently signed a plea agreement and is expected to change her plea to guilty in the near future.
Cheyenne River Sioux Tribal Employee Charged with Larceny
Doris White, age 70 of Eagle Butte, South Dakota, was indicted for Larceny on May 8, 2019. White made her appearance in federal court in Pierre, South Dakota, on May 30, 2019, and she pleaded not guilty to the charge.
The Indictment alleges that between January 2005 and November 2017, White unlawfully took and carried away, with the intent to steal and purloin, the personal property of others, namely, money and funds belonging to Individual #1 and Individual #2, both known by the Grand Jury and by Defendant, of a value in excess of $1,000.
The charges are merely an accusation and the defendant is presumed innocent until and unless proven guilty.
A trial is currently scheduled for July 30, 2019.
Former Secretary of Oglala Sioux Tribal Office Pleads Guilty to Embezzlement
A former Secretary of the Oglala Sioux Tribe’s Credit and Finance Office pleaded guilty to Embezzlement and Theft from an Indian Tribal Organization. Helen Hernandez, age 41, entered her guilty plea in federal court in Rapid City, South Dakota, on April 5, 2019.
According to court documents, from February 2014 through June 2015, Hernandez embezzled and converted to her own use more than $1,000 of monies, funds, credits, goods, assets, and other property belonging to the Credit and Finances Office of the Oglala Sioux Tribe, an Indian Tribal Organization. During the time of the embezzlement, Hernandez was serving as the Secretary of that office.
Hernandez’s sentencing hearing is currently scheduled for July 25, 2019.
Business Owner & Business Federally Indicted for Embezzlement from Sisseton-Wahpeton Tribal Organizations
A business owner and his business have been indicted by a federal grand jury for Embezzlement and Theft from an Indian Tribal Organization. Dustin Martin Kirk, age 46 of Sisseton, South Dakota, was indicted on March 5, 2019, on two counts of embezzlement and theft from an Indian Tribal Organization. Two counts in the indictment relate to his dissolved business, Siouxland Lumber & Materials, LLC. Kirk and his business appeared before U.S. Magistrate Judge William D. Gerdes on June 17, 2019, and pleaded not guilty to the Indictment.
The Indictment alleges that between in or about August 2016 and December 2018, in the District of South Dakota, Dustin Martin Kirk and his business embezzled, stole, and converted more than $1,000 of monies, funds, credits, goods, assets, and other property belonging to Dakota Nation Development Corporation and the Sisseton-Wahpeton Housing Authority, both of which are entities of the Sisseton-Wahpeton Oyate Sioux Tribe and Indian Tribal Organizations.
The charges are merely an accusation and the defendants are presumed innocent until and unless proven guilty.
A trial is currently scheduled for September 24, 2019.
New Jersey Man Charged with Wire Fraud
Mark Johnson, age 58, of Egg Harbor Township, New Jersey, was indicted for Wire Fraud on March 5, 2019. Johnson made an appearance in federal court in New Jersey, on May 3, 2019. His initial appearance in federal court in South Dakota has yet to be scheduled.
The Indictment alleges that between March 2014 and July 2014, Mark Johnson, d/b/a Atlantic Power & Equipment, LLC, devised a scheme and artifice to defraud and obtain money from the Sisseton Wahpeton Oyate by means of false and fraudulent pretenses, representations, and promises.
The charges are merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Business Owner Indicted for Wire Fraud and Theft of Government Property
Robert Bland, age 51, of Rapid City, South Dakota, was indicted on May 21, 2019, for eighteen counts of wire fraud and one count of theft of government property. Bland, the owner of Motive Magic Mobile Windshield Repair, appeared before U.S. Magistrate Judge Daneta Wollmann on June 6, 2019, and pleaded not guilty to the charges. The Indictment alleges that between March 2011 and April 2018 Bland fraudulently billed for windshield rock chip repairs that were never done on General Services Administration vehicles.
The charges are merely an accusation and the defendant is presumed innocent until and unless proven guilty. A trial is currently scheduled for August 13, 2019.
Assistant U.S. Attorneys Jeremy R. Jehangiri, Ann M. Hoffman, Benjamin Patterson, and Michael J. Elmore prosecuted the cases listed above.
For additional information about The Guardians Project, please contact the United States 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.