District of South Dakota

United States Attorney Ron Parsons announced that a Rapid City, South Dakota, woman has been indicted by a federal grand jury for Child Abuse and Operating a Motor Vehicle Under the Influence of Alcohol with a Minor Present in the Motor Vehicle.

Maria Big Crow, age 26, was indicted on June 12, 2018.  She appeared before U.S. Magistrate Judge Mark A. Moreno on July 20, 2018, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 15 years in federal prison and/or a $250,000 fine, 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, 2017, Big Crow was driving a vehicle with several passengers; some of the passengers were juveniles.  The vehicle Big Crow was operating was involved in a single vehicle rollover accident, resulting in injuries.  The Indictment further alleges that Big Crow was operating the vehicle while under the influence of alchol.

The charges are merely accusations and Big Crow 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.   

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

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

Antonio Siers, age 21, and Zachary Alto, age 24, were indicted on May 15, 2018.  Siers appeared before U.S. Magistrate Judge Mark A. Moreno on May 17, 2018, and pled not guilty to the Indictment.  Alto appeared before U.S. Magistrate Judge Mark A. Moreno on July 16, 2018, and pled not guilty to the Indictment.

The maximum penalty each faces upon conviction is up to 40 years in federal prison and/or a $1,500,000 fine, up to 9 years of supervised release, and up $300 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on July 12, 2017, Siers and Alto knowingly and intentionally possessed with intent to distribute a detectable amount of methamphetamine. 

The Indictment also alleges that on February 1, 2017, and July 12, 2017, Siers, being an unlawful user of, and addicted to a controlled substance, knowingly received and possessed two firearms.

Finally, the Indictment alleges that on July 12, 2017, Alto, having been convicted of a crime punishable by imprisonment for a term exceeding one year, and being an unlawful user of, and addicted to a controlled substance, knowingly received and possessed a stolen firearm, which had been shipped and transported in interstate commerce.

Methamphetamine is a Schedule II controlled substance.

The charges are merely accusations and Siers and Alto are 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.   Attorney General Jeff Sessions 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 investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.   

Siers and Alto were remanded to the custody of the U.S. Marshals Service pending trial, which has been set for September 5, 2018.

United States Attorney Ron Parsons announced that Maksim Stefanyuk, age 27, of Sioux Falls, South Dakota, was found guilty of two counts of distributing child pornography, one count of receiving child pornography, and one count of failing to register as a sex offender, as a result of a federal jury trial in Sioux Falls. The jury returned the verdict on July 19, 2018.

The charges carry a minimum penalty of 15 years in federal prison and a maximum of 40 years in federal prison, and/or a $250,000 fine, at least 5 years of supervised release, and a $400 special assessment to the Federal Crime Victims Fund. 

Stefanyuk was indicted by a federal grand jury on May 9, 2017.  Law enforcement officers searched Stefanyuk’s Sioux Falls residence on February 22, 2017, looking for evidence involving the distribution of child pornography on the internet using a file sharing program.  During the search, officers seized the defendant’s computer and found child pornography after a forensic examination.  Stefanyuk had registered as a sex offender, but claimed to live in Minnesota, while working in South Dakota.

This case was investigated by the U.S. Homeland Security Investigations, the Minnehaha County Sheriff’s Office, and the South Dakota Division of Criminal Investigation, all of which are part of the South Dakota Internet Crimes Against Children Task Force.  Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

A presentence investigation was ordered.  The defendant was remanded to the custody of the U.S. Marshals Service.

United States Attorney Ron Parsons announced that a Pine Ridge, South Dakota, woman convicted of Second Degree Murder and Accessory to Second Degree Murder was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.

Elizabeth Ann LeBeau, a/k/a Ann LeBeau, age 25, was sentenced on July 13, 2018, to 25 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 on the Second Degree Murder charge.  As to the Accessory to Second Degree Murder charge, LeBeau was sentenced to 15 years in federal prison, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.  The time in federal prison and supervised release are to run concurrently.

LeBeau was indicted for the charges by a federal grand jury in January 2016.  The charges related to LeBeau strangling Emily Bluebird to death.  Bluebird was also struck in the head several times with a hammer.  After the homicide, LeBeau and codefendant, Fred Quiver, covered up the homicide by hiding the body to prevent their apprehension, trial, and punishment.

This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, and the Federal Bureau of Investigation.  Assistant U.S. Attorneys Megan Poppen and Kathryn Rich prosecuted the case.

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

United States Attorney Ron Parsons announced that a Pine Ridge, South Dakota, man convicted of Possession of a Stolen Firearm was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.

Cole Brewer, age 27, was sentenced on July 13, 2018, to 37 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.

Brewer was indicted for the charge by a federal grand jury on April 18, 2017.  The charge related to Brewer being in possession of a stolen Sig Sauer .380 pistol in 2016 after being involved in a vehicle chase and crash. 

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.  Attorney General Jeff Sessions 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 Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms & Explosives.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

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

United States Attorney Ron Parsons announced that an Englewood, Colorado, man convicted of Possession of a Firearm and Ammunition by a Prohibited Person was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.

Jesse Deal, age 30, was sentenced on July 17, 2018, to 48 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.

Deal was indicted for the charge by a federal grand jury on September 19, 2017.  The charge related to Deal being in possession of a firearm and ammunition on August 12, 2017, after being stopped by the South Dakota Highway Patrol in Lawrence County.  Deal is prohibited from possessing firearms and ammunition based on at least one felony drug conviction in Colorado.

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.  Attorney General Jeff Sessions 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 South Dakota Division of Criminal Investigation, the South Dakota Highway Patrol, the Department of Homeland Security, Missoula Montana Police Department, and the Bureau of Alcohol, Tobacco, Firearms & Explosives.  Assistant U.S. Attorney Megan Poppen prosecuted the case.

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

United States Attorney Ron Parsons announced that a Porcupine, South Dakota, woman convicted of Second Degree Murder was sentenced on July 17, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Katrina Pauline Shangreaux, a/k/a Katrina Shangreau, a/k/a Katrina White Whirlwind, age 30, was sentenced to 40 years in federal prison, to be followed by  5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Shangreaux was charged on August 9, 2016.  The conviction relates to Shangreaux killing her own child by hitting, kicking, and biting him in July 2016 at Porcupine.   

U.S. Attorney Parsons expressed great satisfaction with the collaborative investigation between federal and tribal officials.  "Only by working together to vindicate the rights of victims of crime, particularly those most vulnerable among us, can we achieve results such as this," said Parsons. 

"While no sentence will bring Kylen back or take away the pain from his death, we are pleased with a sentence that ensures the defendant cannot harm another child again," said Jill Sanborn, Special Agent in Charge of the FBI's Minneapolis Division.  "I am grateful that the collective efforts of the Oglala Tribe's Department of Public Safety, the Bureau of the Indian Affairs, the U.S. Attorney's Office and our FBI Agents assigned to this case helped bring justice to a helpless little boy who couldn't defend himself."

The investigation was conducted by the Federal Bureau of Investigation, the Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.  Assistant U.S. Attorneys Sarah B. Collins and Megan J. Poppen prosecuted the case.

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

United States Attorney Ron Parsons announced that Zachariah Michael Poor Bear, 24, of Pine Ridge, South Dakota, was convicted of First Degree Murder and Assault Resulting in Serious Bodily Injury following a four-day federal jury trial held in U.S. District Court in Rapid City.  The guilty verdict was returned on July 13, 2018.

The penalty is mandatory lifetime imprisonment, a $250,000 fine, and a $100 special assessment to the Federal Crime Victims Fund. 

The conviction stemmed from Poor Bear killing a 19 month-old baby by inflicting blunt force trauma to her head and abdomen, in May 2015 at Pine Ridge.   

The investigation was conducted by the Federal Bureau of Investigation, the Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.  Assistant U.S. Attorneys Sarah Collins and Eric Kelderman prosecuted the case.

A presentence investigation was ordered and a sentencing date will be set.  The defendant was remanded to the custody of the U.S. Marshals Service.

United States Attorney Ron Parsons announced that Milo Reuben Red Tomahawk, age 38, of Little Eagle, South Dakota, was sentenced to 57 months in federal prison for his conviction of Domestic Assault by an Habitual Offender. 

U.S. District Judge Charles B. Kornmann pronounced the sentence in federal court in Aberdeen, South Dakota.  Red Tomahawk was also ordered to serve three years of supervised release after his release from prison and to pay a $100 special assessment to the Federal Crime Victims Fund.  

According to court filings, Red Tomahawk unlawfully committed a domestic assault upon the victim, when at the time of the domestic assault, he had a final conviction on at least two separate prior occasions, for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse and intimate partner.  This assault took place in May 2017.

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

Red Tomahawk was immediately remanded to custody to continue serving his sentence.

United States Attorney Ron Parsons announced that Ira Alan Arias, age 42, of Fort Worth, Texas, and Sisseton, South Dakota, was sentenced to 30 years in federal prison following a federal jury’s guilty verdicts on three counts of Aggravated Sexual Abuse of a Child. 

U.S. District Judge Roberto A. Lange pronounced the sentence in federal court in Aberdeen, South Dakota.  Arias was also ordered to serve six years of supervised release after his release from prison and to pay $300 in special assessments to the Federal Crime Victims Fund.

On or about May 3, 2015, Arias forcefully engaged in three sexual acts with the victim, who was 14 years old at the time of the sexual abuse.  Arias was the victim’s uncle.  The sexual abuse occurred in a hotel room in Codington County. 

At the sentencing hearing, the district judge stated that Arias “not only used but dehumanized” the victim.  The district judge also stated that the sentencing “brings some sort of closure” and that our “system of justice does work.” 

This case was investigated by the Federal Bureau of Investigation and was prosecuted by Assistant U.S. Attorney Jeremy R. Jehangiri.

Arias was immediately remanded to custody to continue serving his sentence.

United States Attorney Ron Parsons announced that Sinjin Cameron, age 25, of McLaughlin, South Dakota, was sentenced to 144 months in federal prison for his conviction of Voluntary Manslaughter. 

U.S. District Judge Charles B. Kornmann pronounced the sentence in federal court in Aberdeen, South Dakota.  Cameron was also ordered to serve three years of supervised release after his release from prison and to pay a $100 special assessment to the Federal Crime Victims Fund.

According to court filings, between the 2nd and 3rd days of September, 2017, at McLaughlin, in Corson County, South Dakota, the defendant, Sinjin Cameron, committed voluntary manslaughter by unlawfully killing a human being, upon a sudden quarrel and heat of passion. Cameron continued assaulting the victim after he was knocked unconscious.  The victim died from blunt force trauma to the head.

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

Cameron was immediately remanded to custody to continue serving his sentence.

United States Attorney Ron Parsons announced that a Wanblee, South Dakota, man convicted of Aiding and Abetting and Discharging a Firearm During Commission of a Crime of Violence was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.

Austin Lee Chipps, Sr., age 24, was sentenced on July 6, 2018, to 10 years in federal prison, to be followed by 4 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Chipps was charged on May 23, 2017.  The charge related to Chipps driving at speeds over 100 miles per hour in order to elude Oglala Sioux Tribal police officers, who attempted to stop his vehicle.  During the chase, other individuals in the vehicle fired at the officers with an AR 15 rifle, which they had previously stolen.

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

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

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

Benjamin Quiver, age 46, was sentenced on July 6, 2018, to 2 years in federal prison, to be 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 Quiver entering the residence of an individual in the nighttime near Wanblee on September 22, 2016, and stealing a handgun from a holster before leaving the residence.

This case was investigated by the Bureau of Indian Affairs, Office of Justice Services.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

Quiver 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, woman convicted of False Statement was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.

Michelle Elbow Shield, age 20, was sentenced on July 6, 2018, to 3 months in federal prison, to be followed by 2 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Elbow Shield was indicted for the charge by a federal grand jury in October 2017.  The charge related to Elbow Shield making a false statement to a special agent with the Federal Bureau of Investigation about an investigation of an assault that took place in February 2017.

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

Elbow Shield 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 federal Bank Fraud and Tax Evasion charges was sentenced on July 9, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Brent Bednarz, age 44, was sentenced to 9 years and 7 months in federal prison, to be followed by 5 years of supervised release, and ordered to pay $1,050,238.64 in restitution and a $100 special assessment to the Federal Crime Victims Fund on the Bank Fraud charge.  Bednarz was also sentenced to 5 years in federal prison, to be followed by 3 years of supervised release, and ordered to pay $490,873.00 in restitution and a $100 special assessment to the Federal Crime Victims Fund on the Tax Evasion charge, with the prison time to run concurrent.

The conviction stems from Bednarz managing the former Rapid Motors used car dealership in Rapid City, and thereafter stealing over one million dollars from the business’s owner.  At the same time, Bednarz failed to pay federal income on his earnings and on the additional money he stole.         

This case was investigated by Internal Revenue Service – Criminal Investigation and the Federal Bureau of Investigation.  Supervisory Assistant U.S. Attorney Gregg S. Peterman and Assistant U.S. Attorney Benjamin Patterson prosecuted the case.

United States Attorney Ron Parsons, announced that a Lake Andes, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on July 9, 2018, by U.S. District Judge Karen E. Schreier.

Jerrad Dean Clairmont, age 20, was sentenced to 37 months in custody, followed by two years of supervised release after serving his prison sentence.  He was also ordered to pay $100 to the Federal Crime Victims Fund.  Clairmont served an additional three months in tribal custody.

According to court documents, on or about the 5th day of April 2017, at Wagner, in Charles Mix County, South Dakota, Clairmont unlawfully assaulted a child who had not attained the age of 18 years, and said assault resulted in life-threatening or permanent bodily injury.

During the assault, Clairmont shook the victim.  The victim, approximately four months old at the time of the assault, suffered severe head, brain, and eye trauma, and he was placed on life support.  Because of the victim’s age and small size, the victim was vulnerable during the assault and defendant knew of the victim’s physical attributes.

The investigation was conducted by the Yankton Sioux Tribe’s Law Enforcement and the Federal Bureau of Investigation.  Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.

Clairmont, who was in custody during the pendency of the court proceedings, was immediately returned to the custody of the U.S. Marshal’s Service. 

United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on July 9, 2018, by U.S. District Judge Roberto A. Lange.

D’Boy Condon, age 40, was sentenced to 6 months in federal prison, followed by 4 months of home confinement, 2 years of supervised release, forfeiture of a Western Field, model M732, .30-06 caliber rifle, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Condon was indicted by a federal grand jury on October 17, 2017.  He pled guilty on March 22, 2018.

The conviction stemmed from an incident that occurred on March 31, 2016, in Eagle Butte.  On that day, Condon was found with the .30-06 caliber rifle wrapped inside a blanket on the couch where he was sitting.  It was reported that the rifle was received by Condon as payment, and earlier in the evening, Condon was pointing the rifle at another person. 

Condon was convicted of Assaulting a Federal Officer in 2001, making it illegal for him to possess firearms.  Condon will forfeit ownership of the rifle to the United States.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions 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 Cheyenne River Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

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

RAPID CITY, SD – United States Attorney Ron Parsons announced that the United States has reached a settlement agreement with a Rapid City landlord to resolve a lawsuit alleging discrimination on the basis of sex and familial status, in violation of the Fair Housing Act.

The lawsuit arose from a complaint filed with the U.S. Department of Housing and Urban Development (“HUD”).  After the parties failed to resolve allegations administratively, the matter was brought to federal court, where the United States alleged that Amie Kelly violated the Fair Housing Act when she discriminated against Jennifer Seiler on the basis of sex and familial status.  Specifically, the United States alleged that on July 20, 2015, Ms. Kelly sent Ms. Seiler a copy of a lease agreement that contained the following provision: “No minor under the age of 18 is to be allowed to be on or about the premises without adult supervision.”  The United States further alleged that on July 23, 2015, after a series of correspondence with Ms. Seiler, Ms. Kelly denied her the opportunity to rent a housing unit.  Ms. Kelly communicated the denial by email, representing that she had decided to rent to a bachelor, instead: “In the past, I have always rented to bachelors, that has worked best.”  Lastly, the United States alleged that on or around July 28, 2015, five days after Ms. Kelly represented to Ms. Seiler that a particular housing unit was unavailable, Ms. Kelly made the unit available to a bachelor.

Under the settlement, which does not constitute an admission of liability, Ms. Kelly will pay Ms. Seiler $3,000 in monetary damages.  As part of the agreement, Ms. Kelly will also implement nondiscrimination policies and procedures, partake in fair housing training, refrain from engaging in any prohibited conduct in the future, and make periodic reports to the department regarding compliance.

The federal Fair Housing Act prohibits discrimination in housing on the basis of disability, race, color, religion, national origin, sex, and familial status. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt.  Individuals who believe they may have been victims of housing discrimination can call the Justice Department at 1-800-896-7743, email the Justice Department at fairhousing@usdoj.gov, or contact HUD at 1-800-669-9777.  Individuals residing within South Dakota may also contact Alison Ramsdell, Civil Rights Coordinator for the U.S. Attorney’s Office for the District of South Dakota, at (605) 330-4400.

Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Alex M. Azar III, announced the largest ever health care fraud enforcement action involving 601 charged defendants across 58 federal districts, including 165 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving more than $2 billion in false billings.  Of those charged, 162 defendants, including 76 doctors, were charged for their roles in prescribing and distributing more than 13 million illegal dosages of opioids and other dangerous narcotics.  Thirty state Medicaid Fraud Control Units also participated in the arrests.  In addition, HHS announced that from July 2017 to the present, it has excluded 2,700 individuals from participation in Medicare, Medicaid, and all other Federal health care programs, which includes 587 providers excluded for conduct related to opioid diversion and abuse. 

United States Attorney for the District of South Dakota, Ron Parsons, announced that two of the people indicted as part of the 2018 Health Care Fraud Takedown were charged in the District of South Dakota:

Robert Fox, Jr., 35 of Wagner, South Dakota, was indicted in the District of South Dakota on June 6, 2018, on two counts of obtaining controlled  substances by fraud.  The charges allege that Fox acquired and obtained and attempted to acquire and obtain hydrocodone by misrepresentation, fraud, forgery, deception, and subterfuge, and that Fox has a previous conviction for the same offense.  This case is being handled by Assistant U.S. Attorney Ann Hoffman.

Kristin Deboer, 49 of Caldwell, Idaho, was indicted in the District of South Dakota on June 25, 2018, on one count of Wire Fraud.  The charges allege that Deboer fraudulently conducted a wire transfer from a banking account belonging to the Oglala Sioux Tribe, to an account belonging to All Around Sports, L.L.C., at Idaho Central Credit Union in the State and District of Idaho.  The amount of the wire transfer was $54,000.  This case is being handled by Assistant U.S. Attorney Jeremy R. Jehangiri.

The national enforcement actions were led and coordinated by the Criminal Division, Fraud Section’s Health Care Fraud Unit in conjunction with its Medicare Fraud Strike Force (MFSF) partners, a partnership between the Criminal Division, U.S. Attorney’s Offices, the FBI and HHS-OIG.  In addition, the operation includes the participation of the DEA, DCIS, IRS-CI, Department of Labor, other various federal law enforcement agencies, and State Medicaid Fraud Control Units.  

The charges announced aggressively target schemes billing Medicare, Medicaid, TRICARE (a health insurance program for members and veterans of the armed forces and their families), and private insurance companies for medically unnecessary prescription drugs and compounded medications that often were never even purchased and/or distributed to beneficiaries.  The charges also involve individuals contributing to the opioid epidemic, with a particular focus on medical professionals involved in the unlawful distribution of opioids and other prescription narcotics, a particular focus for the Department.  According to the CDC, approximately 115 Americans die every day of an opioid-related overdose.   

According to court documents, the defendants allegedly participated in schemes to submit claims to Medicare, Medicaid, TRICARE, and private insurance companies for treatments that were medically unnecessary and often never provided.  In many cases, patient recruiters, beneficiaries and other co-conspirators were allegedly paid cash kickbacks in return for supplying beneficiary information to providers, so that the providers could then submit fraudulent bills to Medicare.  Collectively, the doctors, nurses, licensed medical professionals, health care company owners and others charged are accused of submitting a total of over $2 billion in fraudulent billings.  The number of medical professionals charged is particularly significant, because virtually every health care fraud scheme requires a corrupt medical professional to be involved in order for Medicare or Medicaid to pay the fraudulent claims.  Aggressively pursuing corrupt medical professionals not only has a deterrent effect on other medical professionals, but also ensures that their licenses can no longer be used to bilk the system.

The cases announced are being prosecuted and investigated by U.S. Attorney’s Offices nationwide, along with Medicare Fraud Strike Force teams from the Criminal Division’s Fraud Section and from the U.S. Attorney’s Offices in the Southern District of Florida, Eastern District of Michigan, Eastern District of New York, Southern District of Texas, Central District of California, Eastern District of Louisiana, Northern District of Texas, Northern District of Illinois, Middle District of Louisiana, and the Middle District of Florida; and agents from the FBI, HHS-OIG, DEA, DCIS, IRS-CI, Department of Labor, other various federal law enforcement agencies, and state Medicaid Fraud Control Units.

A complaint, information, or indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Additional documents related to this announcement are available here: https://www.justice.gov/opa/documents-and-resources-june-28-2018

This operation also highlights the great work being done by the Department of Justice’s Civil Division.  In the past fiscal year, the Department of Justice, including the Civil Division, has collectively won or negotiated over $2 billion in judgements and settlements related to matters alleging health care fraud.

United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on June 29, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Daniel Richards, age 34, was sentenced to 210 months custody in federal prison, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Beginning May 2017, Richards conspired and agreed with other persons, to intentionally distribute between 5 and 15 kilograms of methamphetamine in western South Dakota.  Additional persons involved in this conspiracy are pending trial.

This case was investigated by the Unified Narcotics Enforcement Team, Bureau of Alcohol, Tobacco, Firearms and Explosives, South Dakota Division of Criminal Investigation, Pennington County Sheriff’s Office, and Rapid City Police Department. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.

Richards 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 was charged in federal district court with Receipt of Obscene Visual Representations of the Sexual Abuse of Children, Possession of Obscene Visual Representations of the Sexual Abuse of Children, and Transportation of Obscene Matter.

Andrew Hallock, 48, was charged on June 19, 2018.  Hallock appeared before U.S. Magistrate Judge Daneta Wollmann on June 22, 2018, and pleaded not guilty to the charges.  The penalty upon conviction is a mandatory minimum of 5 years up to 20 years in federal prison and/or a $250,000 fine, a minimum of 5 years up to lifetime supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charges relate to Hallock knowingly receiving, possessing, and producing obscene, sexually explicit drawings and cartoons of minors between October 2015 and January 2018 via the internet.  The charges are merely an accusation and Hallock is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Internet Crimes Against Children Taskforce.  Assistant U.S. Attorney Sarah Collins is prosecuting the case.

Hallock 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.

Michael Wiseley, age 35, was charged on June 19, 2018.  He appeared before U.S. Magistrate Judge Daneta Wollmann on June 29, 2018, 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 a $100 assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charge relates to Wiseley, a previously convicted felon who is prohibited from possession firearms, knowingly possessing a semi-automatic pistol.  The charge is merely an accusation and Wiseley is presumed innocent until and unless proven guilty. 

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

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. Attorney General Jeff Sessions 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.

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

United States Attorney Ron Parsons announced that a Walthill, Nebraska, woman convicted of False Statement was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.

Wehnona Stabler, age 60, was sentenced on June 29, 2018, to12 months of unsupervised probation and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Stabler was charged on June 20, 2017.  The conviction stems from Stabler making a false statement in January 2014 on a Confidential Financial Disclosure Report, while an employee of Indian Health Service at Pine Ridge, related to a $5,000 payment she received from Dr. Stanley Patrick Weber.  Weber is currently under indictment for multiple counts of sex abuse with minors arising when he was a pediatrician at IHS Pine Ridge.  

The investigation is being conducted by the Office of Inspector General, Health and Human Services.  Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

SIOUX FALLS, SD – United States Attorney Ron Parsons announced that John Edward Monette, 49, of Sioux Falls, South Dakota, has been indicted as part of a national undercover operation targeting Darknet vendors.  Monette was indicted on May 8, 2018, for Conspiracy to Distribute a Controlled Substance. 

The Department of Justice, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), the U.S. Secret Service (USSS), the U.S. Postal Inspection Service (USPIS) and the U.S. Drug Enforcement Administration (DEA), announced the results of a year-long, coordinated national operation that used the first nationwide undercover action to target vendors of illicit goods on the Darknet. Special Agents of the HSI New York Field Division, in coordination with the U.S. Attorney’s Office for the Southern District of New York, posed as a money launderer on Darknet market sites, exchanging U.S. currency for virtual currency.  Through this operation, HSI New York was able to identify numerous vendors of illicit goods, leading to the opening of more than 90 active cases around the country.  The Money Laundering and Asset Recovery Section (MLARS) of the Department of Justice’s Criminal Division, working with more than 40 U.S. Attorney’s Offices throughout the country, coordinated the nationwide investigation of over 65 targets, that lead to the arrest and impending prosecution of more than 35 Darknet vendors.

John Edward Monette was identified by HSI New York during an undercover operation as having exchanged Bitcoin for cash on numerous occasions. Between May 31, 2017, and October 24, 2017, HSI New York conducted 11 undercover Bitcoin for U.S. currency transactions with Monette that totaled $19,000.  Monette was also identified as the intended recipient of numerous international mail seizures containing MDMA.

MDMA (3, 4-methylenedioxymethamphetimine, also known as ecstasy) is an illegal synthetic drug that causes both hallucinogenic and stimulant effects.  Most MDMA users are teenagers or young adults.  MDMA is a Schedule I substance under the Controlled Substances Act.  Schedule I substances, which include heroin and LSD, have a high potential for abuse and serve no legitimate medical purpose.

“Criminals believing that their illicit activities on the so-called Darknet will elude the attention of law enforcement had better think again,” said U.S. Attorney Parsons.  “This operation is just the beginning.”

This extensive Darknet operation, which culminated in four weeks of more than 100 enforcement actions around the country, resulted in the following:

• Federal arrests of more than 35 Darknet vendors who engaged in tens of thousands of sales of illicit goods;
• Execution of 70 search warrants, resulting in the seizure of massive amounts of illegal narcotics, including 333 bottles of liquid synthetic opioids, over 100,000 tramadol pills, 100 grams of fentanyl, more than 24 kilograms of Xanax, and additional seizures of Oxycodone, MDMA, cocaine, LSD, marijuana, and a psychedelic mushroom grow found in a residence;
• Seizure of more than 100 firearms, including handguns, assault rifles, and a grenade launcher;
• Seizure of five vehicles that were purchased with illicit proceeds and/or used to facilitate criminal activity;
• Seizure of more than $3.6 million in U.S. currency and gold bars;
• Seizure of nearly 2,000 Bitcoins and other cryptocurrencies, with an approximate value of more than $20 million;
• Confiscation of 15 pill presses, which are used to create illegal synthetic opioids; and
• Seizure of Bitcoin mining devices, computer equipment, and vacuum sealers.
   
  In addition to Monette, others who have been charged federally, include:

• Antonio Tirado, 26, and Jeffrey Morales, 32, of the Bronx, New York, were arrested on June 18, and separately charged by the U.S. Attorney’s Office for the Southern District of New York with distribution and possession with intent to distribute narcotics, including cocaine, LSD (also known as “acid”), marijuana, and hashish oil.  Additionally, Tirado was charged with possession of a firearm in furtherance of his drug trafficking offenses.  Following an investigation into a Darknet marketplace vendor using the moniker “Trapgod,” investigators executed search warrants at homes in two residential neighborhoods in the Bronx leading to Tirado and Morales.  As alleged in the complaints, during the execution of the search warrants at the Tirado and Morales residences, agents seized controlled substances including powder cocaine, marijuana, and LSD, as well as various precursor powders, liquids, and reagents, and other narcotics-related paraphernalia including marijuana growing equipment, a home chemistry lab, scales, and heat sealing packaging materials.  In Tirado’s home, agents recovered a fully loaded shotgun alongside a narcotics stash.  Investigators in Tirado’s apartment recovered additional evidence of Darknet narcotics distribution, such as numerous U.S. Postal Service shipping boxes, already addressed to customers around the United States, which boxes contained hairbrushes some of which had already been packed with powder cocaine for distribution.
• Jian Qu, 30; Raymond Weng, 24; and Kai Wu, 22, all of Queens, New York, along with Dimitri Tseperkas, 22, and Cihad Akkaya, 22, of Middle Island and Port Jefferson, New York, respectively, were each arrested on June 18, and charged by the U.S. Attorney’s Office for the Southern District of New York with participation in a conspiracy to distribute more than 1,000 kilograms of marijuana.  Tseperkas and Akkaya were also charged with firearms offenses relating to the drug conspiracy.  Investigators monitoring Darknet marketplaces found accounts used by some of the conspirators, leading agents to execute search warrants at three addresses in residential communities in Flushing and Mt. Sinai, New York.  From the residences, agents recovered approximately $400,000 in U.S. currency, 140 kilograms of suspected marijuana and an additional 10 kilograms of suspected marijuana vape cartridges, 12 kilograms of suspected Xanax pills, over half a kilogram of suspected ecstasy, four pill presses, mixers, and pill press parts, over a dozen kilograms of various powders, packaging materials, and paraphernalia.   While searching the residence where Akkaya and Tseperkas were found, investigators recovered three loaded shotguns, including a tactical double-barreled shotgun loaded with 14 shells, and over 50 shotgun shells, as well as significant quantities of narcotics, packaging materials, and paraphernalia including a money-counting machine.  Review of electronic evidence recovered from the residences proved the conspirators’ connections to Darknet marketplaces, use of cryptocurrency, and narcotics distribution schemes.
• Ryan Farace, 34, of Reisterstown, Maryland, and Robert Swain, 34, of Freeland, Maryland, were charged by the U.S Attorney’s Office for the District of Maryland related to a scheme to manufacture and distribute alprazolam tablets, which are typically sold under the brand name “Xanax.”  The indictment alleges that Farace distributed the drugs through sales on the dark web in exchange for Bitcoin, and that Farace and Swain laundered the drug proceeds through financial transactions designed to conceal the source and ownership of the illegal funds.   To date, law enforcement has seized various crypto currency, to include bitcoin, valued at over $22 million at the time of the seizures, and over $1.5 million in cash, which was seized from Farace’s residence upon the execution of a search warrant on Jan. 18.  As part of the indictment, the government seeks the forfeiture of no less than $5.665 million, plus the value of 4,000 Bitcoin believed to be the proceeds of the illegal drug sales, two residences, and a vehicle used to facilitate the drug distribution.
• Nicholas J. Powell, 32, and Michael Gonzalez, 27, former and current residents of Parma, Ohio, respectively, were charged by the U.S. Attorney’s Office for the Northern District of Ohio with conspiracy to distribute controlled substances and laundering money using the dark web.  The complaint alleges that Powell used various monikers on Darknet marketplaces as part of his criminal scheme, including “TheSource,” “BonnienClyde,” BnC,” “BCPHARMA,” and “Money TS.”  The conspiracy operated on multiple Darknet marketplaces, including Silk Road 2, AlphaBay, and HANSA.  The conspiracy involved distributing Xanax, steroids, marijuana and other drugs across the country using these and other Darknet monikers.  Powell and Gonzalez would then launder the funds as cryptocurrencies such as Bitcoin, Etherium, and Komodo through individuals specializing in money laundering on Darknet marketplaces.  At the time of arrest, law enforcement had already seized approximately $437,000 in cryptocurrencies from Powell.
• Jose Robert Porras III, 21, and Pasia Vue, 23, both of Sacramento, were charged with drug distribution, money laundering, and illegally possessing firearms, in a 16-count indictment returned by a grand jury in the Eastern District of California. According to the indictment, Porras and Vue were using the online monikers “Cannabars” and “TheFastPlug,” to distribute marijuana, Xanax, and methamphetamine on various dark web marketplaces, including Trade Route, Wall Street Market, and Dream Marketplace.  Porras and Vue then laundered the Bitcoin proceeds of their drug distribution through the HSI undercover agent located in New York.  After receiving the Bitcoin from Porras and Vue, the undercover agent mailed parcels of cash to them in Sacramento. HSI and USPIS agents seized nine weapons including an AK-47 magazine and ammunition, 30 pounds of marijuana, $10,000 in U.S. currency, a vehicle, and over 100 bars of Xanax.
• Sam Bent, 32, of St. Johnsbury, Vermont (and formerly of East Burke, Vermont), and his cousin, Djeneba Bent, 26, also of St. Johnsbury (and formerly East Burke) were charged with conspiracy to distribute LSD, MDMA (also known as “ecstasy”), cocaine, and marijuana in an indictment returned by a federal grand jury in the District of Vermont.  The indictment alleges that the conspiracy involved setting up accounts on dark web marketplaces, establishing online identities, accepting Bitcoin in exchange for sales over the dark web, and mailing controlled substances from several different post offices in Northeastern Vermont and Northwestern New Hampshire in an effort to avoid detection.   The indictment also charges Sam Bent with four counts of money laundering involving three different exchanges of bitcoin drug distribution proceeds for U.S. currency. 
• In Fresno, California, a federal grand jury returned an 11-count indictment on May 17, against Daniel Boyd McMonegal, 35, of San Luis Obispo and Mariposa, California, charging him with drug distribution and money laundering in the Eastern District of California.  According to the indictment, McMonegal, using the online monikers “Sawgrass,” “Ross4Less,” and “ChristmasTree,” distributed marijuana on various dark web marketplaces, including Dream Market.  McMonegal was also the owner of a marijuana delivery service in San Luis Obispo called West Coast Organix, which claimed to be a non-profit medical marijuana cooperative.  McMonegal then laundered the Bitcoin proceeds of his drug distribution through an undercover agent located in New York.  After receiving the Bitcoin from McMonegal, the undercover agent mailed parcels of cash to McMonegal in San Luis Obispo and Mariposa.

More than 50 Darknet vendor accounts were identified and attributed to the real individuals selling illicit goods on Darknet market sites such as Silk Road, AlphaBay, Hansa, Dream, and others. HSI-New York Field Division and MLARS coordinated with law enforcement and federal prosecutors to investigate 65 targets identified by the undercover operation in more than 50 Federal districts, including: the District of Arizona, the Eastern District of Arkansas, the Western District of Arkansas, the Central District of California, the Eastern District of California, the Northern District of California, the Southern District of California, the District of Colorado, the District of Connecticut, the Middle District of Florida, the Northern District of Florida, the Southern District of Florida, the Northern District of Iowa, the District of Kansas, the District of Maryland, the Eastern District of Michigan, the District of Minnesota, the Eastern District of North Carolina, the Western District of North Carolina, the District of New Hampshire, the Northern District of New York, the Southern District of New York, the Western District of New York, the District of North Dakota, the Northern District of Ohio, the Southern District of Ohio, the District of Oregon, the Eastern District of Pennsylvania, the Middle District of Pennsylvania, the District of South Carolina, the District of South Dakota, the Eastern District of Texas, the Northern District of Texas, the Southern District of Texas, the Western District of Texas, the Eastern District of Virginia, the District of Vermont, the Eastern District of Washington, and the Western District of Washington.  FBI was part of the investigative team in the Northern District of California.   

The investigation is ongoing.

The charges and allegations contained in an indictment are merely accusations and defendants are considered innocent unless and until proven guilty.

United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault With a Dangerous Weapon, Assault by Strangulation and Suffocation, Child Abuse, and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.

Carl Iron Hawk, age 38, was indicted on June 19, 2018.  He appeared before U.S. Magistrate Judge Mark A. Moreno on June 27, 2018, 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 or about February 24, 2018, Iron Hawk assaulted his intimate partner by strangulation, suffocation, and with a dangerous weapon, which caused serious bodily injury to the victim.  The Indictment further alleges that Iron Hawk abused two victims who had not attained the age of seven (7) years old.

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

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

Iron Hawk was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set.

United States Attorney Ron Parsons announced that a Deadwood, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.

Michael Mamola, age 41, was sentenced on June 29, 2018, to 96 months in federal prison, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Mamola was charged on January 24, 2017.  The conviction stems from Mamola conspiring with another person to distribute more than 50 grams of methamphetamine near Deadwood.

This case was investigated by the South Dakota Division of Criminal Investigation.  Assistant U.S. Attorney Benjamin Patterson prosecuted the case.

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

United States Attorney Ron Parsons announced that Quadiri Ayodele, age 38, of Sioux Falls, South Dakota, was sentenced to 25 years in prison on June 19, 2018, by U.S. District Court Judge Karen E. Schreier.  Ayodele was convicted of conspiracy to distribute a controlled substance, 500 grams or more of methamphetamine, and of violating the supervised release conditions stemming from his 2008 federal conviction for conspiracy to distribute and possession with intent to distribute a controlled substance. 

Ayodele’s time in prison will be followed by ten years of supervised release. He was also ordered to pay $100 to the Federal Crime Victim’s Fund.  Ayodele was indicted by a federal grand jury on October 11, 2017. He pled guilty on January 25, 2018.

The investigation of Ayodele revealed his leadership of a drug ring that was responsible for transporting several pounds of of methamphetamine from Phoenix, Arizona, to South Dakota.  A search warrant was executed Ayodele’s motel room in Sioux Falls, and at which law enforcement located approximately 100 grams of methamphetamine.  Ayodele was later apprehended in Nebraska, where law enforcement located approximately 294 grams of methamphetamine in his backback.  The District Court found that Ayodele’s drug dealing scheme involved several participants traveling to and from Arizona for the purpose of transporting illegal drugs to sell in South Dakota, and that the drug ring was Ayodele’s primary source of income while he was involved.

This case was investigated by the Sioux Falls Area Drug Task Force, the South Dakota Highway Patrol, the Arizona Department of Public Safety, the Arizona Highway Patrol, the Nebraska State Patrol, and the Drug Enforcement Administration.  Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.

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

William Fielder, age 55, was indicted on June 19, 2018.  He appeared before U.S. Magistrate Judge Mark A. Moreno on June 26, 2018, 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, 2 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about November 19, 2017, Fielder assaulted an individual with a dangerous weapon and said assault resulted in serious bodily injury.

The charges are merely accusations and Fielder 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.   

Fielder 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 Conspiracy to Distribute a Controlled Substance (methamphetamine) was sentenced on June 25, 2018, by Chief Judge, Jeffrey L. Viken, U.S. District Court.

Arrow Lynn Curry, age 25, was sentenced to 96 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.

Curry was previously found guilty by a federal jury to Conspiracy to Distribute a Controlled Substance, on April 20, 2017. 

Beginning December 2014, Curry conspired and agreed with other persons, to intentionally distribute methamphetamine in western South Dakota. 

Also in connection with this conspiracy, dubbed Operation Broken Wing, James Lahoe, Timothy Bluehorse, Stanley Bluehorse, Sara Cordova, Elizabeth Cordova, Reymundo Cordova, Jose Rivera, Marion Orozco, Porshe Sansberry, Susie Hubner, Albert Nagel, Dionisio Munoz-Torres, and Cory Tobacco, were charged and pleaded guilty to various drug and firearm charges.

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 was investigated by the United States Postal Inspection Service, Unified Narcotics Enforcement Team, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, South Dakota Division of Criminal Investigation, and Pennington County Sheriff’s Office.  Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.

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

United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on June 27, 2018, by U.S. District Judge Roberto A. Lange.

Megan Crazy Bull, age 22, was sentenced to 24 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.

Crazy Bull was indicted by a federal grand jury on February 14, 2018.  She pled guilty on April 19, 2018.

The conviction stems from an incident on November 10, 2017, when while an inmate in the Lower Brule Detention Center, Megan Crazy Bull, began to act out in her cell.  When correctional officers went to her cell to have her calm down, they observed she was holding a pencil over her head “like a knife” and shouting she was going to harm herself.  Officers opened the door and Crazy Bull dropped the pencil and climbed up on her bunk.  Officers ordered her to come down off the bunk and exit her cell, but she refused to do so and a restraint chair was brought outside the cell.  Correctional officers entered the cell in order to remove her and place her in the restraint chair, at which point Crazy Bull stiffened up and began to actively resist the officers.  During the struggle, she began to spit and kick at the officers.  She was eventually secured in the chair and a spit hood was placed on her before being placed back in her cell.

This case was investigated by the Bureau of Indian Affairs, Lower Brule Agency.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.

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

United States Attorney Ron Parsons announced that Ramone McBride, age 20, was found guilty of Assault on a Federal Officer following a federal trial in Rapid City, South Dakota. 

The charge carries a maximum sentence of 8 years in federal prison, and/or a $250,000 fine, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Evidence at trial established McBride assaulted a law enforcement officer employed by the Oglala Sioux Tribe Department of Public Safety on September 4, 2017, by punching and tasing him with a taser.

This case was investigated by the Oglala Sioux Tribe Department of Public Safety and the Federal Bureau of Investigation.  Assistant U.S. Attorney Megan Poppen prosecuted and tried the case.

A sentencing date was set for October 3, 2018.  McBride was remanded to the custody of the U.S. Marshals Service pending sentencing.

United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Failure to Appear and Contempt.

Brady One Feather, age 30, was indicted on June 12, 2018.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on June 28, 2018, 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 on or about May 17, 2018, One Feather knowingly failed to appear for a scheduled hearing in district court which he was summoned and required to appear.

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

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

One Feather 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. Francis, South Dakota, woman convicted of Escape from Custody was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.

Aprielle Poitra, age 22, was sentenced on June 25, 2018, to 2 months in federal prison and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

The charge related to Poitra escaping from the custody of the Bureau of Prisons at the Community Education Centers, previously known as Community Alternatives of the Black Hills, where she was in custody on December 19, 2017.

This case was investigated by the U.S. Marshals Service.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

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

United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on June 27, 2018, by U.S. District Judge Roberto A. Lange.

Michael Lovejoy, Jr., age 35, was sentenced to 16 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.

Lovejoy was indicted by a federal grand jury on February 14, 2018.  He pled guilty on April 30, 2018.

Between May 23, 2017, and September 17, 2017, Lovejoy, a person required to register under the Sex Offender Registration and Notification Act, and sex offender by reason of a conviction under state law, did not register as a sex offender or update his sex offender registration to reflect his new address.   

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

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

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

Michael Schmidt, age 43, was indicted on June 12, 2018.  He appeared before U.S. Magistrate Judge Mark A. Moreno on June 26, 2018, 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 or about January 31, 2018, Schmidt, having been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly possessed and received a .22 long rifle and a 12 gauge shotgun, which both had been shipped and transported in interstate and foreign commerce.

The charge is merely an accusation and Schmidt 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.   Attorney General Jeff Sessions 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 investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Lyman County Sheriff’s Office, and the U.S. Forest Service.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

Schmidt was released on bond pending trial, which has been set for August 21, 2018.

United States Attorney Ron Parsons announced that a Moorehead, Minnesota, man convicted of Criminal Contempt pled guilty and was sentenced on June 26, 2018, by U.S. Magistrate Judge William D. Gerdes.

Jack Moore, age 30, was sentenced to time served equal to 2 days in custody and a special assessment to the Federal Crime Victims Fund in the amount of $10.

Moore was indicted by a federal grand jury on January 17, 2018.  The conviction stemmed from an incident that occurred in December 2017, wherein Moore, who had been subpoenaed to testify as a witness in a federal criminal trial, failed to appear at the U.S. Courthouse in Aberdeen, South Dakota.

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

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

Thomas James Eagle Thunder, age 21, was indicted on June 12, 2018.  He appeared before U.S. Magistrate Judge Mark A. Moreno on June 26, 2018, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 years in federal prison and/or a $750,000 fine, up to 9 years of supervised release, and up to $300 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that commencing on or about August 1, 2017, Eagle Thunder knowingly and intentionally combined, conspired, confederated, and agreed with others to distribute and to possess with intent to distribute marijuana, which is a Schedule I controlled substance.  Eagle Thunder, on or about February 15, 2018, knowingly and intentionally possessed with intent to distribute marijuana.  Lastly, the Indictment also alleges that Eagle Thunder, being an unlawful user of, and addicted to a controlled substance, knowingly received and possessed several firearms, which had been shipped and transported in interstate and foreign commerce.

The charges are merely accusations and Eagle Thunder 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.   Attorney General Jeff Sessions 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 investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.   

Eagle Thunder was released on bond pending trial which has been set for August 21, 2018.

United States Attorney Ron Parsons announced that a Fort Thompson, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on June 25, 2018, by U.S. District Judge Roberto A. Lange.

Casey World Turner, age 30, was sentenced to 6 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.

World Turner was indicted by a federal grand jury on February 14, 2018.  He pled guilty on April 10, 2018.

The conviction stems from an incident on January 19, 2018, when an officer with the BIA Law Enforcement was dispatched to a residence in Fort Thompson.  The officer observed World Turner walking up the porch of his mother’s residence, and he called out to World Turner to come speak with him.

After refusing the officer’s request, World Turner removed his jacket, assumed a bladed stance with both fists raised, and stared at the officer.  The officer grabbed World Turner by the wrist and attempted to secure him in wrist restraints.  World Turner began pulling away from the officer, while simultaneously pushing him with his other arm.  The defendant continued to wrestle and resist until another officer arrived and helped subdue World Turner. 

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

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

United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman convicted of Conspiracy to Distribute Methamphetamine, was sentenced on June 27, 2018, by U.S. District Judge Roberto A. Lange.

Cherae Runs After, age 23, was sentenced to 120 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.

Runs After was indicted by a federal grand jury on November 9, 2016.  She pled guilty on April 19, 2018.

On or about August 1, 2015, and continuing through November 9, 2016, Runs After knowingly and intentionally combined, conspired, confederated and agreed with others to distribute and possess with the intent to distribute 500 grams or more of methamphetamine on the Cheyenne River Indian Reservation.

Runs After met Alfredo Chavez-Mendoza in Utah through her family. Chavez-Mendoza told Runs After that he wanted to come to South Dakota in order to make money selling methamphetamine.  However, he did not know anybody in South Dakota, and more specifically, on the Cheyenne River Indian Reservation who either used, or distributed, methamphetamine.  He asked Runs After to introduce him to drug dealers in the Eagle Butte area.

Runs After introduced Chavez-Mendoza to Kristina Lofton, Stephanie Lofton, and Robert "Blue" Lofton for the purpose of linking him with locals who could sell methamphetamine supplied by Chavez-Mendoza. Chavez-Mendoza worked together with the Lofton family to distribute methamphetamine on Cheyenne River.

In addition to being the party that introduced Chavez-Mendoza to the Cheyenne River area, Runs After also distributed methamphetamine for him. Runs After owed Chavez-Mendoza several thousand dollars for previous fronts of methamphetamine he made to her.

Alfredo Chavez-Mendoza, Christina Lofton, Stephanie Lofton, Robert Lofton, Tyler and Ashley Peterson, Roy Antrim, Braxtyn Garreau, and Charlie Marshall have all previously been convicted for their involvement in this narcotics trafficking conspiracy. 

This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, the Federal Bureau of Investigation, and Cheyenne River Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Jay Miller prosecuted the case.

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

United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced on June 25, 2018, by U.S. District Judge Roberto A. Lange.

Matthew Peneaux, a/k/a Matthew Swalley, age 34, was sentenced to 37 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.  Restitution may also be ordered.

Peneaux was indicted by a federal grand jury on October 24, 2017.  He pled guilty on April 11, 2018.

The conviction stemmed from events that occurred in 2015 and 2016.  Between March 28, 2015, and April 30, 2016, Peneaux repeatedly engaged in sexual intercourse with a girl who was between 12 and 13 years old.  Peneaux was aware that the victim was under the age of 16 and therefore unable to consent to any sexual activity with him.

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

Peneaux was ordered to report to the custody of the U.S. Marshals Service on June 26, 2018.

United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted on two counts of Attempted Sexual Exploitation of a Minor was sentenced on June 18, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Chance Garrett Williams, age 38, was sentenced to 30 years in prison on each count, to run consecutively, for a total sentence of 60 years in prison, followed by lifetime supervised release, and ordered to pay a $200 special assessment to the Federal Crime Victims Fund.

Williams was charged on June 20, 2017.  The conviction stems from Williams’ molestation and production of child pornography of multiple children, one starting when she was approximately 4-5 years old.

“This defendant committed unimaginably horrendous crimes against these brave young children,” said U.S. Attorney Parsons. “As they grow up and try to build lives for themselves, they will at least be secure with the knowledge that the person who did this to them is locked up in a federal prison where he surely belongs.”

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

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

Angelica Dolloff, age 30, was indicted on June 12, 2018.  She appeared before U.S. Magistrate Judge Mark A. Moreno on June 19, 2018, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to life in federal prison and/or a $10,250,000 fine, up to life of supervised release, and up to $200 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about June 1, 2013, and continuing through June 12, 2018, Dolloff knowingly and intentionally combined, conspired, confederated, and agreed with others to distribute 500 grams or more of methamphetamine.  The Indictment also alleges that Dolloff, who is an unlawful user of, and addicted to a controlled substance, knowingly received and possessed ammunition, which had been shipped and transported in interstate commerce and foreign commerce.  

The charges are merely accusations and Dolloff 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.   Attorney General Jeff Sessions 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 investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.   

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

United States Attorney Ron Parsons announced that a Martin, South Dakota, man convicted of Assault by Striking, Beating, and Wounding was sentenced by Daneta Wollmann, U.S. Magistrate Judge.

Jeremy Takes War Bonnett, age 31, was sentenced on June 18, 2018, to 12 months in federal prison, and ordered to pay a $25 special assessment to the Federal Crime Victims Fund.

Takes War Bonnett was indicted for the charge by a federal grand jury in November 2015.  The conviction stems from Takes War Bonnett stabbing another individual.

This case was investigated by the Martin Police Department, the Bureau of Indian Affairs, Office of Justice Services, and the Federal Bureau of Investigation.  Assistant U.S. Attorney Megan Poppen prosecuted the case.

Takes War Bonnett was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Second Degree Burglary, and Assaulting, Resisting, and Impeding a Federal Officer.

Jade LaRoche, age 38, was indicted on June 12, 2018.  He appeared before U.S. Magistrate Judge Mark A. Moreno on June 15, 2018, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 35 years in federal prison and/or a $500,000 fine, up to 6 years of supervised release, and up to $200 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on April 24, 2018, LaRoche broke into an occupied residence.  The Indictment also alleges that on May 17, 2018, while in tribal custody, LaRoche assaulted, resisted, opposed, impeded, intimidated, and interfered with a correctional officer.  The correctional officer was engaged in the performance of his official duties, and said conduct involved bodily injury to the officer.

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

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

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

WASHINGTON – Timothy M. Maher, Supervisory Assistant United States Attorney for the District of South Dakota, was one of 58 individuals or group prosecution teams or administrative teams recognized at the Department of Justice by Deputy Attorney General Rod Rosenstein, and Executive Office for U.S. Attorneys (EOUSA) Director James Crowell, IV at the 34th Director’s Awards Ceremony in Washington D.C. on June 15, 2018.

The District of South Dakota was one of 35 districts represented at the ceremony, which was held in the Great Hall at the Robert F. Kennedy Department of Justice Building.

In addressing the award recipients and guests, Deputy Attorney General Rod Rosenstein said, “Today’s honorees earned the esteem of their colleagues.  But most importantly, they earned the gratitude of our fellow citizens — the people whose communities you made safer, whose lives you improved, and whose trust you rewarded.  Today, we pause to honor and recognize a small portion of your work.”

Maher has been the Supervisor in the Pierre branch of the U.S. Attorney’s office since March 2015.  He has been an AUSA since the Fall of 2008.  Throughout, he has provided exceptional contributions to the Department of Justice’s efforts in Indian country, in his case handling, his leadership, training conducted, and in his outreach to our tribal partners.

As branch supervisor, Maher currently leads a team of six prosecutors and four support staff covering the Central third of the State.  The majority of the case load consists of the prosecution of offenses involving murder, manslaughter, aggravated sexual abuse, felony assault, burglary, robbery and other offenses occurring on the Rosebud Sioux Indian Reservation, the Cheyenne River Indian Reservation, the Crow Creek Indian Reservation, the Lower Brule Indian Reservation, and the Standing Rock Indian Reservation.  The remainder of the caseload consists of cases involving illegal narcotics, firearms, wildlife offenses, fraud, and sex offender noncompliance.  In 2016, there were 566 Indian country defendants charged (including juveniles) in the District of South Dakota, and Maher oversaw about 64 percent of the District’s Indian country work.  

From 2008 to 2015, as a line AUSA, Maher prosecuted a wide variety of murders, manslaughters, child pornography, child sexual abuse, assaults upon law enforcement officers, and firearm offenses.  Where needed, he defended those convictions on appeal.  During his time as a line prosecutor, he conducted numerous meetings involving child abuse multi-disciplinary teams, proper sexual abuse response team procedures, domestic violence protocols, and supported the Department's efforts to pursue predators who use the internet to sexually offend.  A former state prosecutor and Hughes County State’s Attorney from 2004 to 2008, Maher helped conduct evaluations of tribal court systems and other prosecutor offices.  Over the years, Maher has routinely instructed law enforcement officers on search and seizure, report writing, photography, criminal law, criminal procedure, and has helped secure hundreds of search warrants involving tribal communities.

“The Department of Justice has chosen wisely in honoring our friend and colleague Tim Maher with this prestigious national award,” said U.S. Attorney Parsons.  “Tim has spent his career building relationships and working together with our Tribal government partners every day to help keep their communities safe.  We could not be more proud of him.”

EOUSA provides oversight, general executive assistance, and direction to the 94 United States Attorneys’ offices around the country.  For more information on EOUSA and its mission, visit http://www.justice.gov/usao.

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SIOUX FALLS, SD – In the ongoing coordinated law enforcement effort to combat the opioid crisis in South Dakota, United States Attorney Ron Parsons announces that two more individuals have been indicted by a federal grand jury and made their initial appearances before federal magistrate judge Veronica L. Duffy on heroin- and fentanyl-related charges.

Andy Ontiveros, age 38, of South Gate, California, was indicted by a federal grand jury for possession with intent to distribute heroin and fentanyl.  Ontiveros was found to be in possession of several pounds of heroin and fentanyl by the Minnehaha County Sheriff’s Office and South Dakota Highway Patrol.  This is believed to be the largest seizure of both heroin and powdered fentanyl in South Dakota history.

In addition, Corrod Phillips, age 26, of Chicago, Illinois, was indicted by a federal grand jury for possession with intent to distribute heroin.  Phillips was arrested by Sioux Falls Area Drug Task Force members in possession of several grams of heroin.

Both men appeared before Judge Duffy in federal district court in Sioux Falls on June 15, 2018.  Phillips was returned to the custody of the Minnehaha County Sheriff, and Ontiveros was placed into the custody of the U.S. Marshals.  If convicted, Phillips faces a maximum of twenty years in federal prison; Ontiveros faces a mandatory period of 10 years in federal prison and a maximum of life.

The U.S. Attorney’s Office is working closely with the Sioux Falls Area Drug Task Force, Minnehaha County Sheriff’s Office, Sioux Falls Police Department, South Dakota Highway Patrol, South Dakota Division of Criminal Investigation, the Drug Enforcement Administration, and our other federal, state and local law enforcement partners to investigate and prosecute these cases.  

“Our local law enforcement partners deserve all of the credit for these investigations and arrests,” said U.S. Attorney Parsons.  “They have taken a tremendous amount of these deadly drugs off of the street – enough to kill thousands of people.  We owe a debt of gratitude to these dedicated teams of law enforcement professionals who are working hard every day to save lives by keeping this poison out of our communities.”

The charges are merely accusations and these defendants are presumed innocent until and unless proven guilty. 

SIOUX FALLS, SD – The U.S. Attorney’s Office for the District of South Dakota participated in this year’s Sioux Falls PRIDE Festival on Saturday, June 16, 2018, as part of its ongoing effort to increase awareness of the various civil rights protections available to South Dakotans under federal statute.  

The U.S. Department of Justice enforces a number of laws that prohibit various forms of discrimination in areas covering employment, education, housing, police practices, and other Department-funded programs.  Although these laws do not explicitly refer to sexual orientation or gender identity, they prohibit sex discrimination, which protects all people from gender-based discrimination. 

If you believe you have been discriminated against, or that your civil rights have been violated, please contact the Civil Rights Section of the U.S. Attorney’s Office by calling (605) 330-4400, or by sending an email to Alison.Ramsdell@usdoj.gov.

The U.S. Department of Justice also enforces the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009, which makes it a federal crime to willfully cause bodily injury, or attempt to do so using a dangerous weapon, because of the victim’s actual or perceived sexual orientation, gender identity, or disability.  To report evidence of a hate crime, please contact your local Federal Bureau of Investigation field office, which can be found at http://www.fbi.gov/contact-us/field/field-offices.

United States Attorney Ron Parsons announced that a St. Francis, South Dakota, woman has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Child Abuse.

Tara Red Kettle, a/k/a Tera Red Kettle, age 20, was indicted on June 12, 2018.  She appeared before U.S. Magistrate Judge Mark A. Moreno on June 18, 2018, and pled not guilty to the Indictment.

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

The Indictment alleges that on April 6, 2018, Red Kettle abused, exposed, tortured, tormented, and cruelly punished a child who had not attained the age of seven years old.

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

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

Red Kettle 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 Columbus, Nebraska, man convicted of Felon in Possession of a Firearm was sentenced on June 14, 2018, by U.S. District Judge Roberto A. Lange.

Tyson Quigley, a/k/a Tyson Stands, age 29, was sentenced to 35 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.

Quigley was indicted by a federal grand jury on October 17, 2017.  He pled guilty on March 7, 2018.

The conviction stemmed from an incident that occurred on August 31, 2017, in St. Francis, South Dakota, when law enforcement responded to a call that Quigley was in possession of a sawed-off shot gun and was threatening to shoot people.  When law enforcement located the vehicle that Quigley was reportedly in, Quigley exited the passenger side of the vehicle and ran away.  Law enforcement caught up to Quigley and placed him under arrest. Quigley subsequently admitted that the sawed-off shotgun was his. 

Due to the fact that the firearm’s barrel is less than 18 inches long, it is required to be registered in the National Firearm Registration and Transfer Record.  Records indicate that the firearm is not registered.

Quigley was convicted of Domestic Assault Involving a Pregnant Woman (felony) in Platte County, Nebraska, in 2013, making it illegal for him to possess firearms.  Quigley will forfeit ownership of the firearm seized in this case to the United States.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions 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 Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Kirk Albertson prosecuted the case.

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

June 15, 2018, is World Elder Abuse Awareness Day.  Communities around the world are focusing on the abuse, fraud, neglect, and schemes perpetrated against older individuals.  As South Dakota’s United States Attorney, I take very seriously the role of our office in protecting older South Dakotans. 

In 2017, Congress passed the Elder Abuse Prevention and Prosecution Act.  Among other things, this law enabled the Attorney General of the United States to allocate resources to federal investigations and prosecutions of crimes against older Americans. 

In the District of South Dakota, I have designated Kevin Koliner, an experienced prosecutor, to serve as my office’s Elder Justice Coordinator.  Kevin is responsible for prosecuting elder abuse cases, coordinating with state and tribal partners, and conducting public outreach and awareness activities relating to elder abuse.  On a national level, the Department of Justice has convened a large working group to ensure that federal law enforcement stays ahead of the criminals, with access to current trends and information necessary to fulfill our duty of protecting older Americans.

Our focused efforts have already seen results.  Here in South Dakota, our office has prosecuted a large-scale wire fraud case in which an older South Dakotan was targeted in a scam that involved gaining access to his investment account, then forging check requests to deplete the funds.  In a separate case involving thousands of elderly victims, three co-defendants were recently sentenced to considerable time in federal prison after a decades-long scheme in which they peddled a supposed cure-all medical device, enticing vulnerable customers with false claims of scientific studies.  

My office is also proud to partner with state and tribal law enforcement on these issues, working together to determine the best forum for ensuring justice for victims of these crimes.  For instance, some matters are best pursued federally because they involve fraud on federal programs or they require interstate or international investigations.  Other elder abuse cases might be best pursued by state authorities, perhaps if they are more local in nature, such as crimes perpetrated by direct caregivers or family members. 

This partnership model has been a great success.  Nationwide, the Department of Justice in partnerships between U.S. Attorneys, federal, state, and tribal law enforcement agencies, state attorney generals, and state prosecutors have over the past year brought elder abuse cases involving over 250 defendants, $600 million in victim losses, and involving over one million victims from every state. 

As we mark World Elder Abuse Awareness Day, I want to share with you some practical advice regarding warning signs of potential elder abuse.

Examples of financial exploitation include:

• Use of ATM or credit cards without permission
• Forging signatures on checks or important documents
• Requests to older adults for money to cover “emergency” expenses
• Pressure to grant power of attorney rights
• Unauthorized sales, such as family heirlooms

Signs that your loved one might be a victim of financial exploitation:

• Sudden changes in banking practices
• Being accompanied to important appointments by unknown person
• Adding new names on bank signature cards
• Sudden changes in wills or other important documents
• Unexplained disappearance of funds or possessions
• Substandard personal care
• Unpaid bills when financials resources should be adequate
• Sudden appearance of previously uninvolved relatives

Steps to protect yourself:

• Check financial statements regularly (at least monthly)
• Store important documents in a locked drawer
• Talk to your bank about age-friendly banking options
• Contact an attorney with any legal questions, and be assured you understand their advice before proceeding
• Visit ftc.gov every year to get free credit reports, then review those reports thoroughly

For more information about the Department of Justice’s efforts to prevent and combat elder abuse, please visit the Elder Justice Website at elderjustice.gov.  There is also a victim connect hotline, 1-855-4VICTIM (1-855-484-2846), where you can receive service referrals by senior services specialists.  Finally, if you believe you or your loved one is a victim of physical or sexual abuse, do not hesitate to contact local police immediately.