District of South Dakota

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

Lawrence Gary, Jr., age 19, was indicted on February 14, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 16, 2018, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 years in 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 January 21, 2018, Gary assaulted a man with a knife, a pan, and with shod feet.

The charges are merely accusations and Gary 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.

Gary 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 man convicted of Possession of a Firearm by a Prohibited Person was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.

Jacob Bryan, age 25, was sentenced on February 15, 2018, to time served and 3 years of supervised release and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Bryan was charged on March 21, 2017. The charge relates to Bryan being found in possession of a .38 caliber revolver and ammunition along with drug paraphernalia after a traffic stop near Kyle in February 2017.

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

United States Attorney Ron Parsons announced that a man and a woman from Mission, South Dakota, have been indicted by a federal grand jury for Conspiracy to Commit Wire Fraud and Wire Fraud.

Mark Edward O’Leary, age 35, and Sharli Colombe, age 35, were indicted on February 14, 2018. They appeared before U.S. Magistrate Judge Mark A. Moreno on February 15, 2018, and both pled not guilty to the Indictment.

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

The Indictment alleges that between February 4, 2011, through June 6, 2017, O’Leary and Colombe passed at least 544 checks drawn on a bank account not belonging to either of them. The checks were used for personal items for O’Leary and Colombe and the purchases or deposits were not authorized by the owner of the bank account.

The charges are merely accusations and O’Leary and Colombe are presumed innocent until and unless proven guilty.

The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.

O’Leary and Colombe were released on bond. A trial date has not been set.

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

Carlos Eddie Charging Elk, age 26, was indicted on February 14, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 16, 2018, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 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 December 19, 2017, Charging Elk, having previously been convicted of a felony, did knowingly possess a firearm.

The charge is merely an accusation and Charging Elk 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 Daniel C. Nelson is prosecuting the case.

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

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

Matthew Peneaux, a/k/a Matthew Swalley, age 34, was indicted on October 24, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 16, 2018, and pled not guilty to the Indictment.

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

The Indictment alleges that between on or about March 28, 2015, and April 30, 2016, Peneaux knowingly engaged in, and attempted to engage in, a sexual act with a minor female.

The charge is merely an accusation and Peneaux 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.

Peneaux was released pending trial. A trial date has not been set.

United States Attorney Ron Parsons announced that an Ellsworth AFB, South Dakota, man convicted of Possession of Child Pornography was sentenced on February 12, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Ryan Davies, age 28, was sentenced to 18 months of imprisonment and 5 years of supervised release and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Davies was charged on June 14, 2016, after law enforcement received a CyberTipline Report from the National Center of Missing and Exploited Children that an individual was uploading naked images of juveniles to a cloud account. Law enforcement traced the account to Davies, who was found to have child pornography images on several electronic devices.

This case was investigated by the Internet Crimes Against Children Task Force. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

Davies was immediately remanded to the custody of the United States Marshals Service.

United States Attorney Ron Parsons announced that a Harrison, Nebraska, man convicted of Conversion of Mortgaged Property was sentenced on February 7, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Paxton Carrier, age 24, was sentenced to 12 months of imprisonment and ordered to pay a $100 special assessment to the Federal Crime Victims Fund and $275,403.52 in restitution to the Farm Service Agency.

Carrier was charged on April 18, 2017, and pleaded guilty on November 3, 2017. The charge related to Carrier obtaining a loan from the Farm Services Agency (FSA), and then selling a large portion of the collateral mortgaged by the loan. Rather than paying the FSA loan as required after the sale of collateral, Carrier used the proceeds to pay other debts and purchase personal items. Carrier never made a payment on the FSA loan.

This case was investigated by the Office of Inspector General, United States Department of Agriculture. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.

United States Attorney Ron Parsons announced that a Sisseton, South Dakota, woman was indicted by a federal grand jury for Misprision of a Felony on August 16, 2016.

Tylynn St. John, age 25, appeared before U.S. Magistrate Judge William D. Gerdes on February 5, 2018, and pled not guilty to the Indictment.

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

The Indictment alleges that on or about June 10, 2014, St. John failed to report a crime of which she had knowledge, to the proper authorities.  St. John and another are alleged to have witnessed an assault resulting in serious bodily injury and failing to report, or help seek aid, for a victim who ultimately died of her injuries.

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

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

St. John was released pending trial, which has been set for April 10, 2018.

United States Attorney Ron Parsons announced that Pete Knight, age 54, of Eagle Butte, South Dakota, was found guilty of Assaulting a Federal Officer as a result of a federal jury trial in Pierre, South Dakota.  The verdict was returned on February 7, 2018.

The charges carry a maximum penalty of 8 years in custody and/or a $250,000 fine, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  

Knight was indicted by a federal grand jury on June 14, 2017.  The charge stemmed from an incident that occurred on May 8, 2017, in Ziebach County, when Sheriff Gary Cudmore responded to a call of a reckless driver.  Sheriff Cudmore clocked the vehicle driving 95 mph and performed a traffic stop on the vehicle.  Upon making contact with the driver, who is a tribal member, it was apparent that the person had been drinking and the Cheyenne River Sioux Tribe Police Department was contacted.  The individual was placed in the back of Sheriff Cudmore’s patrol car until tribal officers arrived. 

Prior to the tribal officers arriving, Knight and another individual stopped at the location of the traffic stop, as the vehicle stopped by Sheriff Cudmore belonged to Knight.  Knight requested to talk to the occupant of the patrol car and the sheriff allowed it.  When the door to the patrol vehicle was opened, Knight began to physically assault the occupant, who was handcuffed behind his back and defenseless.  Sheriff Cudmore was able to pull Knight back, but Knight continued to get through the sheriff to get at the occupant.  In the process, Knight shoved Sheriff Cudmore.  Knight eventually left the scene.

Knight later returned riding a horse, and another altercation occurred.  Knight was found not guilty regarding that incident.

U.S. Attorney Parsons stated, “Violence against our law enforcement officers will not be tolerated and will be prosecuted to the fullest extent of the law.”

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

A presentence investigation was ordered and a sentencing date was set for April 30, 2018.  The defendant is to self-report to the custody of the U.S. Marshals Service on February 14, 2018.

United States Attorney Ron Parsons announced that Justin Thomas Morales, a/k/a “Speedy,” age 37, of Wichita, Kansas, was found guilty of Conspiracy to Distribute Methamphetamine as a result of a federal jury trial in Sioux Falls, South Dakota which began on February 5, 2018. The verdict was returned February 7, 2018.

Because Morales has a prior felony drug conviction, the conspiracy charge, involving over 500 grams of a mixture containing methamphetamine, carries a mandatory minimum penalty of 20 years and a maximum of life in custody, and/or a $20 million fine, mandatory minimum of 10 years and a maximum of life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Morales was indicted by a federal grand jury on November 9, 2016, and a superseding indictment was filed January 19, 2017.

On September 22, 2016, Morales and Chase Guzman had traveled from Wichita, Kansas, to Sioux Falls, South Dakota, with approximately two pounds of methamphetamine and three pounds of marijuana to distribute in Sioux Falls and the surrounding area.

While conducting surveillance, members of the Sioux Falls Area Drug Task Force observed Morales and Guzman go inside a residence off West 12th Street in Sioux Falls and come out a short time later. Morales and Guzman drove away and were stopped by South Dakota Highway Patrol Troopers. There was a pound of marijuana in the vehicle. Guzman was found to be in possession of a loaded Glock semi-automatic pistol and an ounce of methamphetamine.

The Sioux Falls Area Drug Task Force searched the residence off West 12th Street and found approximately two pounds of methamphetamine and two pounds of marijuana. Present at the residence was Daniel Guzman, who had a half-ounce of methamphetamine in his possession.

Morales, Chase Guzman, and Daniel Guzman were all indicted. The Guzmans both pled guilty. Daniel Guzman was sentenced to 120 months in custody to be followed by 5 years of supervised release. Chase Guzman is scheduled to be sentenced on February 26, 2018.

This case was investigated by the Sioux Falls Area Drug Task Force and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Deputy Criminal Chief John E. Haak prosecuted the case.

A presentence investigation was ordered and a sentencing date was set for April 30, 2018. Morales was remanded to the custody of the U.S. Marshals Service.

United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota man convicted of transportation for illegal sexual activity and related crimes was sentenced on February 8, 2018 by U.S. District Judge Karen E. Schreier.

Jerome Davis Kent, age 51, was sentenced to 30 months custody, 6 years of supervised release and was ordered to pay $100 to the Federal Crime Victims Fund.

Kent was indicted for sex trafficking by force, fraud and coercion and transportation for illegal sexual activity and related crimes by a federal grand jury on September 6, 2017. He pled guilty on October 19, 2017.

In October, 2016, Kent knowingly transported an adult female victim from Sioux Falls, South Dakota to Marshall, Minnesota. Kent knew the woman and intended to transport her for the purpose of engaging in acts of prostitution. Kent supplied the woman with heroin and kept the money she received from her commercial sex acts.

This case was investigated by the Sioux Falls Police Department, the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Jeff Clapper.

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

United States Attorney Ron Parsons announced that a Minneapolis, MN, man convicted of Conspiracy to Commit Bank Fraud and Aggravated Identity Theft was sentenced on February 8, 2018, by U.S. District Judge Karen E. Schreier.

Jason Maurice Fagin, age 38, was sentenced to 65 months of custody and 3 years of supervised release. Fagin was also ordered to forfeit personal property and contraband, and to pay restitution and $200 to the Federal Crime Victims Fund.

Fagin was indicted by a federal grand jury on May 9, 2017, for conspiracy to commit bank fraud, aggravated identity theft, and possession with intent to distribute a controlled substance. On November 9, 2017, Fagin pleaded guilty to Conspiracy to Commit Bank Fraud and Aggravated Identity Theft.

According to court documents, between September 2016 and November 16, 2016, Fagin engaged in a scheme to defraud financial institutions while using the personal identifying information of other individuals. Fagin would use the proceeds of the fraud scheme to purchase methamphetamine for his use and to distribute to others for money.

More specifically, on November 16, 2016, Defendants Angelica Marie Hatch-Pequin (“Hatch”) and Jason Maurice Fagin were arrested at the Royal River Casino in Flandreau, South Dakota, for attempting to negotiate counterfeit checks. While trying to negotiate the check, Hatch presented a driver’s license belonging to another individual. Hatch, aided and abetted by Fagin, used the identification of that individual without lawful authority.

Hatch and Fagin would steal mail from mailboxes located in affluent neighbors of Minneapolis, Minnesota. Hatch and Fagin would target mail that appeared to contain bills and checks. Fagin would then use the personal, business, and banking information contained in those mail matters to create fraudulent checks. After Fagin created the fraudulent checks, Hatch would usually cash the counterfeit checks at convenience stores and casinos located throughout the Minnesota, Iowa, and South Dakota region. Hatch and Fagin created and passed fraudulent checks for approximately two months leading up to their arrests in November.

Two types of checks were created: payroll and personal checks. Payroll checks would be drafted in amounts ranging from $450 to $2,000; the check presented to the Royal River Casino was for $1,500. Personal checks were made in amounts from $100 to $800. The effected banks were insured by the FDIC at the time of the offenses. The stipulated loss amount relating to Fagin’s and Hatch-Pequin’s criminal conduct was between $40,000 and $95,000.

The investigation was investigated by the Federal Bureau of Investigation, the Flandreau Sioux Tribe’s Police Department and Security Department of the the Hotel and Casino, and the Flandreau Police Department. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.

Fagin was remanded to the custody of the U.S. Marshal Service and the Bureau of Prisons. Hatch-Pequin also pleaded guilty to the same charges and was previously sentenced to federal prison.

United States Attorney Ron Parsons announced that a Winner, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on February 8, 2018, by U.S. District Judge Roberto A. Lange.

Anthony Martinez, age 37, was sentenced to 1 month in custody, 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Martinez was indicted by a federal grand jury on September 12, 2017. He pled guilty on November 15, 2017.

The conviction stemmed from an incident on April 1, 2015, wherein Martinez was outside a residence firing a shotgun. Martinez having previously been convicted of a felony, was in possession of a 12-gauge shotgun at the time of his arrest.

This case was investigated by the Federal Bureau of Investigation, the Tripp County Sheriff’s Office, and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Daniel C. Nelson prosecuted the case.

Martinez is required to self-report to the U.S. Marshals Service on February 22, 2018 at 2:00 pm.

United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Simple Assault was sentenced on February 7, 2018, by U.S. Magistrate Judge Mark A. Moreno.

Tristan Lee Kills The Enemy, age 21, was sentenced to 6 months in custody and a special assessment to the Federal Crime Victims Fund in the amount of $10.

Kills The Enemy was indicted by a federal grand jury on November 14, 2017. He pled guilty on February 7, 2018.

The conviction stemmed from an incident on October 28, 2017, when Kills The Enemy committed a Domestic Assault on his spouse and intimate partner.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Daniel C. Nelson prosecuted the case.

Kills The Enemy 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, man convicted of Larceny was sentenced on February 5, 2018, by, U.S. District Judge, Roberto A. Lange.

Bradlee One Feather, age 28, was sentenced to time served, 3 years of supervised release, $4,077.99 due in restitution and a special assessment to the Federal Crime Victims Fund in the amount of $100.

One Feather was indicted by a federal grand jury on August 16, 2017. He pled guilty on November 15, 2017.

The conviction stemmed from an incident on February 5, 2017, in Dewey County, South Dakota when One Feather took a Dodge pickup from an individual knowing that the vehicle had been stolen. One Feather then drove the pickup from Eagle Butte to Little Eagle, South Dakota. From there, One Feather drove the pickup to McLaughlin, South Dakota to visit people and buy beer. One Feather then drove the pickup back to Little Eagle to drop people off and while in the process, he got the pickup stuck.

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

One Feather 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 was charged in federal district court with Assault Resulting in Serious Bodily Injury.

Lester Waters Jr. was charged on January 29, 2018. He appeared before U.S. Magistrate Judge Daneta Wollmann on February 2, 2018, and pleaded not guilty to the charge. The maximum penalty upon conviction is 10 years of imprisonment 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 Waters shooting two men near Pine Ridge on January 25, 2018. The charge is merely an accusation and Waters is presumed innocent until and unless proven guilty.

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

Waters was detained pending further hearing. A trial date has not been set.

United States Attorney Ron Parsons announced that a Mission, South Dakota, woman convicted of Misprision of a Felony was sentenced on February 5, 2018, by U.S. District Judge Roberto A. Lange.

Wastewin Jonnie Waukechon, age 39, was sentenced to 9 months in custody, 1 year of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.

Waukechon was indicted by a federal grand jury on March 15, 2017, for Conspiracy to Distribute a Controlled Substance, Distribution of a Controlled Substance, and Possession with Intent to Distribute a Controlled Substance. Waukechon pled guilty to Misprision of a Felony on November 13, 2017.

On February 8, 2017, Waukechon accompanied Richard Neiss from Rapid City to Eagle Butte, South Dakota, where Neiss intended to distribute methamphetamine. Waukechon was present and watched while Neiss sold 11.1 grams of methamphetamine to another individual in Eagle Butte. Waukechon, having knowledge of the methamphetamine distribution transaction, concealed that fact from federal law enforcement and did not otherwise report the incident to a judge or other person in civil authority.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services, the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division, and the Northern Plains Safe Trials Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.

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

United States Attorney Ron Parsons announced that a Black Hawk, South Dakota, man convicted of Attempted Enticement of a Minor Using the Internet was sentenced on February 5, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Nathan William Juhala, age 66, was sentenced to 10 years of imprisonment and 5 years of supervised release and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Juhala was charged on February 22, 2017. The charge relates to Juhala responding to an ad on Craiglist and communicating with someone he believed to be a 15 year-old girl, who was actually an undercover law enforcement agent, for the purpose of engaging in sexual acts.

This case was investigated by the Internet Crimes Against Children Task Force. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

Juhala was immediately remanded to the custody of the United States Marshals Service.

United States Attorney Ron Parsons announced that a Kyle man convicted of Felony Child Abuse and Neglect was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.

Matthew Harold Iron Sr., age 33, was sentenced on February 5, 2018, to 13 months of imprisonment and 3 years of supervised release and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Iron was charged on December 20, 2016. The charge relates to Iron holding a large knife to the neck and stomach area of an infant while threatening to kill him at Kyle in November 2016.

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

United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man and woman convicted of Distribution of a Controlled Substance were sentenced on January 2, 2018 and February 5, 2018 respectively, by U.S. District Judge Roberto A. Lange.

Perry Crow, Jr., a/k/a Perry Fiddler, age 23, was sentenced to 4 months in custody, 4 months in home confinement, 3 years of supervised release, $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Estrella Fernandez a/k/a Star Fernandez, age 21, was sentenced to time served, 6 months in home confinement, 3 years of supervised release, $500 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Crow and Fernandez were indicted by a federal grand jury on July 11, 2017. Crow pled guilty on October 17, 2017 and Fernandez pleaded guilty on November 15, 2017.

The convictions stem from incidents on August 23, 2016 and August 31, 2016, when Crow and Fernandez knowingly and intentionally distributed Methamphetamine, a Schedule II controlled substance.

This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case. Crow was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Ron Parsons announced that a Brandon, South Dakota man convicted of distribution and receipt of child pornography was sentenced on February 5, 2018 by U.S. District Judge Karen E. Schreier.

John McKenzie, age 24, was sentenced to 97 months custody, 5 years of supervised release and was ordered to pay $100 to the Federal Crime Victims Fund.

McKenzie was indicted for distribution and receipt of child pornography by a federal grand jury on December 6, 2016. He pled guilty on November 2, 2017.

Between July 19, 2015 and May 10, 2016, John McKenzie resided in Brandon and had a computer with internet access. Using his computer to connect and access websites and applications for “Omegle” and “Kik Messenger,” McKenzie received and distributed digital files containing images and videos of child pornography. Many of the images of child pornography depicted prepubescent minors.

This case was investigated by U.S. Immigration and Customs Enforcement, Department of Homeland Security and prosecuted by Assistant U.S. Attorney Jeff Clapper.

McKenzie 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, and a Harrisburg, South Dakota, man have been indicted by a federal grand jury for Transportation of Explosive Materials and Possession of Explosives by a Prohibited Person.

Nathaniel Johnson, age 29, and William Fralick, age 30, were indicted on January 17, 2018. They appeared before U.S. Magistrate Judge Mark A. Moreno on February 2, 2018, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 years in custody and/or a $500,000 fine, 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 January 19, 2017, Johnson and Fralick, knowing they were not licensed or permitted, transported explosive materials. Johnson and Fralick are also prohibited from possessing explosives as they each have convictions for a crime punishable by imprisonment for a term exceeding one year.

The charges are merely accusations and Johnson and Fralick are presumed innocent until and unless proven guilty.

The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.

Johnson and Fralick were remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.

United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Possession of a Stolen Firearm was sentenced on February 5, 2018, by U.S. District Judge Roberto A. Lange.

Kevin Bordeaux, age 19, was sentenced to 13 months in custody, followed by 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Bordeaux was indicted by a federal grand jury on March 15, 2017. He pled guilty on November 15, 2017.

The conviction stems from an incident between November 11-13, 2016, when 14 firearms, including a Henry Repeating Arms Mimi Bolt .22 rifle “Broden” rifle, were stolen from a home in Mission. Co-defendant Stephanie Bear Heels obtained the “Broden” rifle following the burglary. She and co-defendant Angelito Moran knew that the defendant and his brother, co-defendant Keith Bordeaux, were looking for guns to buy/trade for narcotics. Co-defendant Keith Bordeaux purchased the “Broden” rifle from Moran and Bear Heels for $50 worth of methamphetamine. The “Broden” rifle was recovered by law enforcement from Keith and Kevin Bordeaux’s home.

Defendant knew or had reason to know the “Broden” firearm was stolen and the possession of the firearms by any person other than the owner would be unlawful. Further, the Defendant was a prohibited person, being an unlawful user and addicted to a controlled substance, methamphetamine and marijuana, at the time of the incident.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco and Firearms. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

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

United States Attorney Ron Parsons announced that a St. Francis, South Dakota, woman has been indicted by a federal grand jury for Involuntary Manslaughter.

Omalewin Neck, age 24, was indicted on January 17, 2018.  She appeared before U.S. Magistrate Judge Mark A. Moreno on January 31, 2018, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 8 years in custody 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 1, 2017, Neck unlawfully killed another human being, while operating a motor vehicle, in a grossly negligent manner.

The charge is merely an accusation and Neck 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 Daniel C. Nelson is prosecuting the case.   

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

United States Attorney Ron Parsons announced that Orlando Dones-Vargas, a/k/a “Landy,” age 32, of Sioux Falls, South Dakota, was found guilty of Conspiracy to Distribute Methamphetamine and Possession with Intent to Distribute Methamphetamine as a result of a federal jury trial in Sioux Falls, South Dakota.  The jury returned the verdict on January 30, 2018.

The conspiracy charge, involving over 500 grams of a mixture containing methamphetamine, carries a mandatory minimum penalty of 10 years and a maximum of life in custody and/or a $10 million fine, mandatory minimum of 5 years and a maximum of life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  The possession with intent charge, involving more than 5 grams of pure methamphetamine, carries a mandatory minimum penalty of 5 years and a maximum of 40 years in custody and/or a $5 million fine, mandatory minimum of 4 years and a maximum of life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Dones-Vargas was indicted by a federal grand jury on September 6, 2017, and a Superseding Indictment was filed January 9, 2018. 

Dones-Vargas was arrested on August 20, 2017, for driving with a suspended license.  During the booking process at the Minnehaha County Jail, it was discovered that he was concealing more than 13 grams of methamphetamine (96% pure) in his groin area.  Further investigation revealed Dones-Vargas’ extensive involvement in the distribution of methamphetamine in the Sioux Falls area.

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

A presentence investigation was ordered and a sentencing date was set for April 23, 2018.  The defendant was remanded to the custody of the U.S. Marshals Service.

United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Failure to Register was sentenced on January 31, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Titus Leading Cloud, age 28, was sentenced to 12 months of imprisonment, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Leading Cloud was charged on March 21, 2017, and pleaded guilty on October 31, 2017.  The conviction stems from Leading Cloud failing to register under the Sex Offender Registration and Notification Act as required.

This case was investigated by the U.S. Marshals Service.  Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

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

United States Attorney Ron Parsons announced that a Pierre, South Dakota, woman convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on January 22, 2018, by U.S. District Judge Roberto A. Lange.

Adele Tahsequah, age 35, was sentenced to 21 months in custody, followed by 3 years of supervised release, a $1,000 fine, and a special assessment of $100 to the Federal Crime Victims Fund.

Tahsequah was indicted by a federal grand jury on July 6, 2017, for Possession with Intent to Distribute a Controlled Substance.  Tahsequah pled guilty on November 3, 2017.

On June 21, 2017, Tahsequah received a package delivered to her residence in Pierre by the U.S. Postal Service that contained 27.87 grams of methamphetamine.  The package was addressed to Tahsequah, and Tahsequah indicated that she had been expecting it.  Tahsequah admitted that she knew the package contained methamphetamine, and that she was intending to further distribute it within South Dakota.  That same day, law enforcement executed a search warrant at Tahsequah’s residence and located multiple scales and small plastic baggies within the residence.  Tahsequah admitted that the scales and baggies were utilized for the distribution of methamphetamine. 

This case was investigated by the U.S. Postal Inspection Service, the South Dakota Division of Criminal Investigation, the Federal Bureau of Investigation, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.

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

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

John Matthew Brave Hawk, age 20, was indicted on January 17, 2018.  He appeared before U.S. Magistrate Judge Mark A. Moreno on January 29, 2018, and pled not guilty to the Indictment.

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

The Indictment alleges that on November 14, 2017, Brave Hawk assaulted three individuals with a vehicle, with the intent to do bodily harm.

The charges are merely an accusation and Brave Hawk 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 Daniel C. Nelson is prosecuting the case.   

Brave Hawk 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 Rosebud, South Dakota, man convicted of Escape from Custody was sentenced on January 29, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Marlow Poor Thunder, age 22, was sentenced to 12 months and 1 day of imprisonment, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Poor Thunder was charged on August 22, 2017, and pleaded guilty on October 20, 2017.  The conviction stems from Poor Thunder leaving the Community Education Center, where he was serving part of a federal sentence, without permission and failing to return in August 2017.

This case was investigated by the U.S. Marshals Service.  Assistant U.S. Attorney Ben Patterson prosecuted the case.

United States Attorney Ron Parsons announced that a Pierre, South Dakota, man has been indicted by a federal grand jury for Receipt and Distribution of Images Depicting the Sexual Exploitation of Minors and Possession of Child Pornography.

David Foster, age 34, was indicted on January 17, 2018.  He appeared before U.S. Magistrate Judge Mark A. Moreno on January 25, 2018, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 40 years in custody and/or a $500,000 fine, up to life of supervised release, and a $200 assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between October 5, 2016, and May 4, 2017, Foster knowingly received and distributed images depicting minors involved in sexually explicit conduct.  The Indictment further alleges that Foster was in possession of Child Pornography.

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

The investigation is being conducted by the Department of Homeland Security.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

Foster was released on bond pending trial which has been set for March 20, 2018.

United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Assaulting, Resisting, Opposing and Impeding a Federal Officer, was sentenced on January 23, 2018, by U.S. District Judge Roberto A. Lange.

Matthew Dupris, age 29, was sentenced to 7 months custody, followed by 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Dupris was indicted by a federal grand jury on June 14, 2017.  He pled guilty on October 5, 2017.

The conviction stemmed from an incident on May 25, 2017, when law enforcement was dispatched to a residence for assistance in removing Dupris from the home due to him being intoxicated.  Dupris had previously been released on Tribal Court charges, and had been ordered not to consume alcoholic beverages while he was out on bond.  Upon law enforcement arrival, Dupris was advised that he was under arrest for violating the conditions of his Tribal Court release from custody.  While walking towards the patrol car, Dupris pulled away from the officer, turned towards them and spit on the officer.  The officer was able to get Dupris into the back of the patrol car and transported him to the Cheyenne River Adult Detention Center, where he was turned over without further incident. 

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

 Dupris 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, man convicted of Simple Assault and Assault by Striking, Beating and Wounding, was sentenced on January 22, 2018, by U.S. District Judge Roberto A. Lange.

Phillip Mound, age 26, was sentenced to 18 months in custody, followed by 1 year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $35.

Mound was indicted by a federal grand jury on December 14, 2016.  He was found guilty by a jury of simple assault and assault by striking, beating and wounding on November 2, 2017,

The conviction stemmed from an incident on October 18, 2016, when Mound assaulted his girlfriend after getting into an argument with her.

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

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

United States Attorney Ron Parsons announced that a Dupree, South Dakota, woman has been indicted by a federal grand jury for Involuntary Manslaughter.

Dale Hendricks, age 36, was indicted on January 17, 2018.  She appeared before U.S. Magistrate Judge Mark A. Moreno on January 22, 2018, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 8 years in custody, 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 November 3, 2017, Hendricks did unlawfully kill an infant in a grossly negligent manner by rolling over and laying on the infant while she was asleep.

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

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

Hendricks was released on bond, subject to conditions, pending trial.  A trial date has not been set.

United States Attorney Ron Parsons announced that a Fort Collins, Colorado, man convicted of Attempted Receipt of Child Pornography was sentenced on January 24, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Levi Drussell, age 25, was sentenced to 71 months of imprisonment, followed by 10 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Drussell was one of ten men who were arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2016 Sturgis Motorcycle Rally, targeting persons willing to pay to have sex with underage girls or boys obtained through the Internet.  The conviction stemmed from Drussell communicating with someone he believed to be a minor for the purpose of engaging in sexual acts.  Additionally, Drussell sent multiple pornographic images of himself and repeatedly requested the minor send him child pornography images of herself.

The undercover operation and arrests were a joint effort between the South Dakota Division of Criminal Investigation, the Department of Homeland Security, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s office. Assistant U.S. Attorney Sarah Collins prosecuted the case.

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

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

David Marrowbone, age 54, was indicted on January 17, 2018.  He appeared before U.S. Magistrate Judge Mark A. Moreno on January 22, 2018, and pled not guilty to the Indictment.

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

The Indictment alleges that between October 23, 2017, and November 25, 2017, Marrowbone, a person required to register under the Sex Offender Registration and Notification Act, did fail to register and update his registration.

The charge is merely an accusation and Marrowbone 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.   

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

United States Attorney Ronald A. Parsons, Jr. announced that a Rapid City, South Dakota, woman was charged in federal district court with 20 counts of Wire Fraud and 5 counts of Money Laundering.

Olivia Kuehner, age 48, was charged on January 23, 2018. She appeared before U.S. Magistrate Judge Daneta Wollmann on January 26, 2018, and pleaded not guilty to the charges. The maximum penalty on each count upon conviction is 20 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.

The indictment alleges that Kuehner, between September 2012 and June 2017, while employed as the accounting manager for the Rapid City Club for Boys, Inc. ("Club for Boys"), devised a scheme to defraud the Club for Boys of more than $120,000.00. The indictment alleges Kuehner embezzled money belonging to the Club for Boys by making fraudulent payments to herself, family members, and a nominee entity she controlled, and then omitted the fraudulent payments from the Club for Boys’ accounting records or misclassified the payments to make it appear vendors or other employees had been paid. After receiving the fraudulently obtained funds, Kuehner transferred a portion of the funds to other bank accounts she controlled in order to conceal the nature, source and ownership of the embezzled proceeds.

The charges are merely an accusation and Kuehner is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Internal Revenue Service Criminal Investigation, the Federal Bureau of Investigation, and Rapid City Police Department. Assistant United States Attorney Benjamin Patterson is prosecuting the case.

Kuehner was detained pending a hearing on Monday, January 29, 2017. A trial date has not been set.

United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Perjury was sentenced on January 24, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Charlie Marshall, age 27, was sentenced to 12 months in custody and a special assessment of $100 to the Federal Crime Victims Fund.  The custody sentence is to run concurrently with the sentences imposed in Marshall’s controlled substances and firearms case.

Marshall was indicted by a federal grand jury on May 16, 2017, for Perjury and False Declaration Before a Court.  Marshall pled guilty to Perjury on August 11, 2017.

On March 13, 2017, Marshall appeared before U.S. District Judge Roberto A. Lange to plead guilty to conspiracy to distribute a controlled substance, methamphetamine, and firearms charges.  At the beginning of the change of plea hearing, Marshall agreed, under oath, to answer questions during the hearing truthfully.  Marshall was asked by Judge Lange if he understood that he was under oath and required to answer the Court’s questions truthfully, to which Marshall indicted he understood.  Judge Lange specifically asked Marshall if he was under the influence of alcohol or drugs, to which Marshall responded that he was not.  Immediately following the hearing, because Marshall smelled of alcohol, a U.S. Probation Officer administered a preliminary breath test to Marshall.  The preliminary breath test registered a reading of 0.149. 

A second change of plea hearing was held by Judge Lange on March 21, 2017, due to Marshall being under the influence of alcohol during the initial change of plea hearing. 

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

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

A South Dakota man pleaded guilty today in connection with a scheme to defraud consumers by selling light-emitting devices known as the “QLaser System” as a treatment for more than 200 different diseases and disorders, the Department of Justice announced today. Today’s guilty plea capped a three-year effort by the Justice Department and the U.S. Postal Inspection Service to stop distribution of the fraudulent devices to consumers.

Robert “Larry” Lytle, 82, of Rapid City, pleaded guilty in the District of South Dakota to one count of conspiracy to introduce misbranded medical devices into interstate commerce with the intent to defraud and mislead, and one count of criminal contempt. Both the criminal charges and Lytle’s guilty plea were pursuant to a plea agreement. Two of Lytle’s co-conspirators in the scheme, Irina Kossovskaia and Ronald D. Weir, Jr., previously pleaded guilty for their roles in the fraud. The government agreed to dismiss criminal contempt charges against a fourth individual, Fredretta Eason.  

According to documents filed with the court, Lytle and his co-conspirators — including Kossovskaia and Weir — marketed and distributed QLaser devices to consumers, many of whom were elderly, across the United States.  The conspirators falsely claimed that the devices could safely and effectively treat a panoply of medical conditions at home, including cancer, emphysema, diabetes, autism, HIV, and heart disease.  Lytle created misleading product labeling designed to create the false impression that scientific evidence supported claims about the QLaser device’s effects. In truth, no published clinical or scientific studies supported the use of QLaser devices to treat the listed or other serious conditions, and the U.S. Food and Drug Administration (FDA) never approved the devices for such uses. To lend credibility to his claims, the potential QLaser purchasers were told “Dr. Lytle” was a “retired” dentist and medical laser expert while omitting the fact that his license to practice dentistry had been permanently revoked for defrauding and materially deceiving consumers.

Lytle and his co-conspirators forged ahead with their fraud even after a federal court ordered them to stop selling and refund all QLaser purchasers in a series of 2015 injunctions. In violation of the injunctions, Lytle made false statements to the court and FDA investigators, sent dunning letters to QLaser purchasers rather than pay them court-ordered restitution, smuggled hundreds devices out of South Dakota to upstate New York to prevent their seizure, and received a steady stream of income from continued QLaser sales made by Kossovskaia, Weir, and others.

As part of his plea agreement, Lytle admitted that, beginning in 2005, he entered into an agreement with others to market medical devices with false and misleading labeling to defraud consumers, and that he continued to do so in violation of a federal court order. He also acknowledged that he obtained at least $16,669,015 over the course of the scheme.

“Victimizing the elderly and those suffering from serious illnesses are among the most detestable of crimes,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division, “and to persist with the QLaser fraud even after being ordered to stop by a federal court is even more abhorrent. The Justice Department is committed to protecting Americans from elder abuse and medical frauds.”

“Reprehensible scams using ineffective and useless medical implements victimize suffering people who are already burdened with long-term, often crippling ailments and diseases.  The U.S. Postal Inspection Service puts the highest priority on investigating these kinds of crimes and bringing these criminals to justice,” said Dana Carter, the U.S. Postal Inspector in Charge of the Denver Division, which covers multiple states including South Dakota. 

U.S. District Judge Karen E. Schreier presided at the plea hearing.  In addition to fines, Lytle faces a maximum statutory sentence of five years’ imprisonment on the conspiracy charge. Congress has not established a maximum sentence for the crime of contempt.  Sentencing has been set for April 20.

The U.S. Postal Inspection Service investigated this case.  Trial Attorney Ross S. Goldstein of the Justice Department’s Consumer Protection Branch and Assistant U.S. Attorney Kevin Koliner of the U.S. Attorney’s Office for the District of South Dakota are prosecuting the case. 

Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch.  For more information about the U.S. Attorney’s Office for the District of South Dakota, visit its website at https://www.justice.gov/usao-sd.

NOTE: The relevant court documents can be found here: Superseding Information, Plea Agreement, and Factual Basis Statement.

WASHINGTON – A South Dakota man pleaded guilty today in connection with a scheme to defraud consumers by selling light-emitting devices known as the “QLaser System” as a treatment for more than 200 different diseases and disorders, the Department of Justice announced today. Today’s guilty plea capped a three-year effort by the Justice Department and the U.S. Postal Inspection Service to stop distribution of the fraudulent devices to consumers.

Robert “Larry” Lytle, 82, of Rapid City, pleaded guilty in the District of South Dakota to one count of conspiracy to introduce misbranded medical devices into interstate commerce with the intent to defraud and mislead, and one count of criminal contempt. Both the criminal charges and Lytle’s guilty plea were pursuant to a plea agreement. Two of Lytle’s co-conspirators in the scheme, Irina Kossovskaia and Ronald D. Weir, Jr., previously pleaded guilty for their roles in the fraud. The government agreed to dismiss criminal contempt charges against a fourth individual, Fredretta Eason.  

According to documents filed with the court, Lytle and his co-conspirators — including Kossovskaia and Weir — marketed and distributed QLaser devices to consumers, many of whom were elderly, across the United States.  The conspirators falsely claimed that the devices could safely and effectively treat a panoply of medical conditions at home, including cancer, emphysema, diabetes, autism, HIV, and heart disease.  Lytle created misleading product labeling designed to create the false impression that scientific evidence supported claims about the QLaser device’s effects. In truth, no published clinical or scientific studies supported the use of QLaser devices to treat the listed or other serious conditions, and the U.S. Food and Drug Administration (FDA) never approved the devices for such uses. To lend credibility to his claims, the potential QLaser purchasers were told “Dr. Lytle” was a “retired” dentist and medical laser expert while omitting the fact that his license to practice dentistry had been permanently revoked for defrauding and materially deceiving consumers.

Lytle and his co-conspirators forged ahead with their fraud even after a federal court ordered them to stop selling and refund all QLaser purchasers in a series of 2015 injunctions. In violation of the injunctions, Lytle made false statements to the court and FDA investigators, sent dunning letters to QLaser purchasers rather than pay them court-ordered restitution, smuggled hundreds devices out of South Dakota to upstate New York to prevent their seizure, and received a steady stream of income from continued QLaser sales made by Kossovskaia, Weir, and others.

As part of his plea agreement, Lytle admitted that, beginning in 2005, he entered into an agreement with others to market medical devices with false and misleading labeling to defraud consumers, and that he continued to do so in violation of a federal court order. He also acknowledged that he obtained at least $16,669,015 over the course of the scheme.

“Victimizing the elderly and those suffering from serious illnesses are among the most detestable of crimes,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division, “and to persist with the QLaser fraud even after being ordered to stop by a federal court is even more abhorrent. The Justice Department is committed to protecting Americans from elder abuse and medical frauds.”

“Reprehensible scams using ineffective and useless medical implements victimize suffering people who are already burdened with long-term, often crippling ailments and diseases.  The U.S. Postal Inspection Service puts the highest priority on investigating these kinds of crimes and bringing these criminals to justice,” said Dana Carter, the U.S. Postal Inspector in Charge of the Denver Division, which covers multiple states including South Dakota. 

U.S. District Judge Karen E. Schreier presided at the plea hearing.  In addition to fines, Lytle faces a maximum statutory sentence of five years’ imprisonment on the conspiracy charge. Congress has not established a maximum sentence for the crime of contempt.  Sentencing has been set for April 20.

The U.S. Postal Inspection Service investigated this case.  Trial Attorney Ross S. Goldstein of the Justice Department’s Consumer Protection Branch and Assistant U.S. Attorney Kevin Koliner of the U.S. Attorney’s Office for the District of South Dakota are prosecuting the case. 

Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch.  For more information about the U.S. Attorney’s Office for the District of South Dakota, visit its website at https://www.justice.gov/usao-sd.

United States Attorney Ron Parsons announced that Kevin Jay Mast, age 61, of Volga, South Dakota, was found guilty of Disturbing Protected Wetlands of the United States, as a result of a federal jury trial in Sioux Falls, South Dakota. The jury returned the verdict on January 18, 2018.

The charge carries a maximum penalty of 6 months in custody and/or a $10,000 fine.  

Mast was indicted by a federal grand jury on September 6, 2017. 

On January 19, 1973, an easement was voluntarily sold to the United States for waterfowl management rights.  The easement prohibited the drainage of any wetland areas on the property.  In 2010, the U.S. Fish & Wildlife Service notified Kevin Mast that his plan to install drain tile conflicted with the protected wetlands and would not be permitted.  Despite the warning, Mast installed the drain tile in the fall of 2013. The jury’s verdict concluded that Mast disturbed, injured, and destroyed the wetland areas protected by the easement, and did not have the authority and permission of the United States of America.

This case was investigated by the U.S. Fish and Wildlife Service and prosecuted by Assistant U.S. Attorney Jeff Clapper.

A presentence investigation was ordered and a sentencing date was set for April 9, 2018. 

United States Attorney Ron Parsons announced that a St. Francis, South Dakota, man convicted of Misprision of a Felony was sentenced on January 22, 2018, by U.S. District Judge Roberto A. Lange.

Kyle Swift Hawk, age 25, was sentenced to 12 months and 1 day in prison, followed by 1 year of supervised release.  Swift Hawk was also ordered to pay a special assessment to the Federal Crime Victims Fund in the amount of $100.

Swift Hawk was indicted by a federal grand jury on July 11, 2017.  He pled guilty on October 30, 2017.

The conviction stemmed from an incident that occurred in St. Francis in the early morning hours of June 12, 2017.  Swift Hawk and another man, George Scott, got into an altercation with the victim.  While Swift Hawk and the victim scuffled, Scott pulled out a pocketknife and stabbed the victim multiple times.  The victim suffered significant blood loss and internal injuries, and was subsequently hospitalized.  Swift Hawk witnessed the stabbing but fled the scene and hid from tribal law enforcement until he was apprehended later that day. 

Scott, age 32, was also indicted based on his involvement in the assault.  On September 26, 2017, he pled guilty to Assault With a Dangerous Weapon, and was sentenced on December 11, 2017, to 54 months in prison, followed by 3 years of supervised release.

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

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

United States Attorney Ron Parsons announced that a St. Francis, South Dakota, man convicted of Domestic Assault by an Habitual Offender, was sentenced on January 22, 2018, by U.S. District Judge Roberto A. Lange.

Fabian McCloskey, age 42, was sentenced to 11 months in custody, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

McCloskey was indicted by a federal grand jury on August 16, 2017.  He pled guilty on October 30, 2017.

The conviction stemmed from an incident on April 29, 2017, when McCloskey drove to the victim’s residence, made threatening comments to the victim and refused to leave.  McCloskey then forcefully carried the victim from her home to his car.  McCloskey grabbed her head while the victim was in the car, causing an injury near her eye. McCloskey had been previously convicted of Domestic Abuse in Rosebud Sioux Tribal Court on two prior occasions.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Daniel C. Nelson prosecuted the case.

McCloskey 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 receipt of child pornography was sentenced on January 19, 2018, by U.S. District Judge Karen E. Schreier.

Scott Dyson, age 37, was sentenced to 108 months in custody, followed by 6 years of supervised release, and ordered to pay $5,000 in restitution.  He was also ordered to pay $100 to the Federal Crime Victims Fund.

Dyson was indicted for receipt of child pornography and possession of child pornography by a federal grand jury on October 4, 2016.  He pled guilty on September 14, 2017.

On September 7, 2012, and October 14, 2012, Dyson knowingly received child pornography that he downloaded from the internet.  When law enforcement searched his residence in August 2016, they discovered Dyson had a large screen television connected to a computer tower containing several hard drives.  Overall, Dyson possessed over 17,000 images and videos of child pornography.

This case was investigated by U.S. Immigration and Customs Enforcement and the Department of Homeland Security.  Assistant U.S. Attorney Jeff Clapper prosecuted the case.

Dyson 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 Tampering with a Victim by Threat was sentenced on January 19, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Timothy George Buckman, age 33, was sentenced to 57 months of imprisonment, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Buckman was charged on April 19, 2016, and pleaded guilty on July 18, 2017.  The conviction stems from the robbery and assault of a man with a dangerous weapon in March 2016 at Pine Ridge, and Buckman later threatening the man.

This case was investigated by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety.  Assistant U.S. Attorneys Sarah B. Collins and Eric Kelderman prosecuted the case.

United States Attorney Ron Parsons announced that a Parmelee, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on January 24, 2018, by U.S. District Judge Roberto A. Lange.

Odell Thomas Goodshield, Jr., age 58, was sentenced to 16 months in custody, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Goodshield was indicted by a federal grand jury on October 25, 2017.  He pled guilty on December 1, 2017.

Goodshield was convicted of Aggravated Sexual Abuse of a Minor in June 1999.  As a result of this conviction, he is required to register as a sex offender.  Goodshield was released from custody on May 26, 2017, and began supervised release.  Between the dates of July 5, 2017 and September 20, 2017, Goodshield did not register as a sex offender.

This case was investigated by the U.S. Marshals Service.  Assistant U.S. Attorney Daniel C. Nelson prosecuted the case.

Goodshield 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 Possession of Unregistered Firearm and Prohibited Person in Possession of a Firearm was sentenced on January 22, 2018, by U.S. District Judge Roberto A. Lange.

Keith Bordeaux, age 20, was sentenced to 33 months in custody, followed by 3 years of supervised release, $546.34 in restitution, and a special assessment to the Federal Crime Victims Fund in the amount of $200.

Bordeaux was indicted by a federal grand jury on March 15, 2017.  He pled guilty on October 30, 2017.

The conviction stems from an incident between November 11-13, 2016, when 14 firearms were stolen from a home in Mission.  Co-defendant Dakota Marshall stored two of the stolen firearms, including a Marlin Bolt Action .22 Rifle and a Weatherby 20 Gauge Youth shotgun TA-08, at his home located in Mission.  Co-defendant Stephanie Bear Heels obtained the stolen Henry Repeating Arms Mimi Bolt .22 rifle following the burglary.  She and co-defendant Angelito Moran knew that the defendant and his brother, co-defendant Kevin Bordeaux, were looking for guns to buy/trade for narcotics.  Defendant purchased the “Broden” rifle from Moran and Bear Heels for $50 worth of methamphetamine. The “Broden” rifle was recovered by law enforcement from Keith and Kevin Bordeaux’s home.  

The defendant acquired the stolen Weatherby “short shotgun” with a barrel length of approximately 14 and 5/8 inches, the same night law enforcement seized the stolen “Broden” rifle from his home.  Defendant did not register the “short shotgun” with the National Firearms Registration and Transfer Record as he was required to do. Instead, he hid the firearm in the wall of a young child’s room in his mother’s home.

The defendant knew the firearms were stolen, and the possession of the firearms by any person other than the owner would be unlawful. Further, the defendant is a regular user of methamphetamine and he is not permitted to possess any firearm under federal law.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco and Firearms.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

Keith Bordeaux 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 Sexual Abuse of a Minor was sentenced on January 22, 2018, by U.S. District Judge Roberto A. Lange.

Errol Jerome Flute, a/k/a Errol Jerome Pretty Sounding Flute, a/k/a EJ Flute, age 24, was sentenced to 18 months in custody, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Flute was indicted by a federal grand jury on May 16, 2017.  He pled guilty on November 2, 2017.

The conviction stems from an incident on December 29, 2016, when the 14-year-old victim went to her boyfriend’s home in Lower Brule.  The defendant is engaged to the victim’s boyfriend’s mother.  The victim’s boyfriend was sleeping on the couch, and the victim began to socialize with the defendant and others. The defendant’s fiancée left the residence, and the defendant and the victim ended up in the back bedroom where they engaged in sexual intercourse. 

This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Lower Brule Agency.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

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

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

Jordan Traversie, age 27, was indicted on January 17, 2018.  He appeared before U.S. Magistrate Judge Mark A. Moreno on January 22, 2018, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, a mandatory minimum period of 5 years, up to life, of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between October 23, 2017, and November 1, 2017, Traversie, a person required to register under the Sex Offender Registration and Notification Act, knowingly failed to register and update his registration.

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

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

Traversie was remanded to the custody of the U.S. Marshals Service pending trial, which has not been set.

United States Attorney Ron Parsons announced that a man from Calgary, who was convicted of Attempted Trafficking in Involuntary Servitude and Forced Labor, was sentenced on January 19, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Alexandros Thymaras, age 35, was sentenced to 30 months of imprisonment, followed by 1 year of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund, a $1,000 fine, and a $5,000 special assessment to victims of trafficking fund.  

Thymaras was one of five men who were arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2014 Sturgis Motorcycle Rally, targeting persons willing to pay to have sex with underage girls obtained through the Internet.  All five men were indicted for Commercial Sex Trafficking.

The conviction stemmed from Thymaras responding to a Craigslist.com advertisement posted by Division of Criminal Investigation undercover agents, which purported to offer young girls for sex. Following several messages with a person Thymaras believed to be associated with a 15 year-old girl, but who was in fact an undercover agent, he proceeded to negotiate the time and place theywould meet, along with the price he would pay, which was $70.

The undercover operation and arrests were a joint effort between the South Dakota Division of Criminal Investigation, the Department of Homeland Security, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s office. Assistant U.S. Attorney Sarah Collins prosecuted the case.

Thymaras was immediately turned over to the custody of the U.S. Marshal's Service.   

United States Attorney Ron Parsons announced that the District of South Dakota collected over $2,508,255.71 in Fiscal Year (FY) 2017 from civil and criminal actions.  Of this amount, $1,565,057.52 was collected in criminal actions, and $943,198.19 was collected in civil actions. 

Additionally, the District of South Dakota worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect $9,562,500.00 in cases pursued jointly with these offices.  Civil actions made up the entirety of this amount.     

Overall, the Justice Department collected just over $15 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2017. 

Also, working with partner agencies and divisions, the District collected $57,629 in asset forfeiture actions in FY 2017.  Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.

“The collection of these monies represents a key component of the work we do in the U.S. Attorney’s Office,” said Parsons.  “Along with our prosecutorial responsibility, these recovered dollars play a vital role in helping crime victims, and also in recouping losses to the American taxpayer.”

The U.S. Attorneys’ Offices, along with the Justice Department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims.  The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss.  While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.

The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws.  In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.