District of South Dakota

United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for False Statements Relating to Health Care Matters and Attempt to Obtain Controlled Substance by Fraud.

Daniel Farmer, age 21, was indicted on August 16, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 5, 2017, and pled not guilty to the Indictment.

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

The Indictment alleges that on June 8, 2017, Farmer knowingly and intentionally falsified a prescription for Tramadol, a Schedule IV controlled substance, and presented that prescription to the Indian Health Services Pharmacy in Rosebud, South Dakota, knowing it to be false.

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

This case is being investigated by the Office of the Inspector General of the U.S. Health and Human Services. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.

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

United States Attorney Randolph J. Seiler announced that an Eden, South Dakota, man convicted of two counts of Abuse Sexual Contact was sentenced on August 17, 2017, by U.S. District Judge Charles B. Kornmann.

Tyrell Redstar Eastman, age 21, was sentenced to 13 years in custody, followed by ten years of supervised release. He was also ordered to pay $200 to the Federal Crime Victims Fund.

According to the court documents, between August 15, 2014, and April 2, 2015, Eastman engaged in sexual contacts with a child. To perpetrate the sexual assault, Eastman threatened and placed the victim in fear. Such sexual contact involved the defendant’s intentional touching, either directly or through the clothing, of the victim’s genitalia, anus, groin, breast, inner thigh, and buttocks. Defendant had the intent to abuse, humiliate, harass, degrade, arouse, and gratify his sexual desires. At the time of this sexual assault, the defendant was 18 years old.

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

Eastman was immediately turned over to the custody of the U.S. Marshal’s Service.

United States Attorney Randolph J. Seiler announced that a White River, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Minor and Abusive Sexual Contact.

Duane Mednansky, age 47, was indicted on August 16, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 6, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 15 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 on or about May 1, 2013, and September 1, 2013, Mednansky knowingly engaged in, and attempted to engage in, a sexual act with a minor female. The Indictment further alleges that between May 1, 2013, and September 1, 2014, Mednansky engaged in sexual contact with a second female without her permission.

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

The investigation is being conducted by the Federal Bureau of Investigation, the South Dakota Attorney General’s Office Division of Criminal Investigation, the Mellette County Sheriff’s Office, and the Watertown Police Department. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.

Mednansky was released pending trial, which is set for October 31, 2017.

United States Attorney Randolph J. Seiler announced that a Wanblee, South Dakota, man convicted of Second Degree Murder and Assault with a Dangerous Weapon was sentenced on September 7, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Leon “Gogg” Between Lodges, a/k/a Leon Milk, age 34, was sentenced to 15 years in custody, followed by 5 years of supervised release, and ordered to pay $2,023.37 in restitution and a $100 special assessment to the Federal Crime Victims Fund on the Second Degree Murder charge. Between Lodges was sentenced to 10 years in custody, followed by 3 years of supervised release and ordered to pay a $100 special assessment to the Federal Crime Victims Fund on the Assault with a Dangerous Weapon charge. The sentences were ordered to be served concurrently.

The conviction stems from Between Lodges using a stiletto automatic knife to stab two male individuals on May 27, 2016, at Wanblee. One of these individuals was stabbed in the chest, striking his carotid artery and fatally injuring him. The second victim was stabbed in the back two times and was life-flighted to Scottsbluff, Nebraska, for treatment.

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. Attorney Megan Poppen prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Wanblee, South Dakota, man was charged in federal district court with Assault on a Federal Officer.

Shawn Ashley, age 47, was charged on August 22, 2017. He appeared before U.S. Magistrate Judge Daneta Wollmann on August 25, 2017, and pleaded not guilty to the charge. The maximum penalty upon conviction is 8 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The charge relates to Ashley, while on bond in a separate criminal case, assaulting an on-duty Oglala Sioux Tribe police officer in June 2017 at Wanblee. The charge is merely an accusation and Ashley is presumed innocent until and unless proven guilty.

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

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

United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on September 5, 2017, by U.S. District Judge Roberto A. Lange.

Craig Edward Valandra, age 35, was sentenced to 24 months in prison followed by 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Valandra was indicted by a federal grand jury on July 19, 2016. He pled guilty on March 7, 2017.

The conviction stemmed from an incident that occurred on June 20, 2016. On that date, Rosebud Sioux Tribe Police Officers responded to a report that Valandra was causing a disturbance and firing a gun outside a house in St. Francis. The officers subsequently located Valandra at a nearby house, arrested him, and seized a .357 caliber revolver and a .40 caliber pistol from his person.

Valandra was convicted of Arson in U.S. District Court in 2004, making it illegal for him to possess firearms. Valandra will forfeit ownership of the firearms seized in the case to the United States.

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.

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

United States Attorney Randolph J. Seiler announced that a Mobridge, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on September 1, 2017, by U.S. District Judge Charles B. Kornmann.

Justin Jerome Howard, age 34, was sentenced to 10 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.

Howard was indicted by a federal grand jury on January 19, 2017. He pled guilty on June 6, 2017.

The conviction stems from Howard failing to register as a sex offender as required by federal law between December 5, 2016, and December 14, 2016. Howard had previously been convicted of a sex offense in federal court, which requires him to register as a sex offender.

This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Third Degree Burglary was sentenced on September 5, 2017, by U.S. District Judge Roberto A. Lange.

Preston White Feather, age 21, was sentenced to 8 months in prison followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100. White Feather was also ordered to pay restitution in the amount of $3,815.

White Feather was indicted by a federal grand jury on May 16, 2017. He pled guilty on June 27, 2017.

The conviction stemmed from an incident that occurred in the early morning hours of September 17, 2016. At approximately 5:00 a.m., White Feather broke into the Todd County Achievement School in Mission and stole property belonging to the Exceptional Education Department.

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

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

United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Abusive Sexual Contact by Use of Force, Abusive Sexual Contact by Fear, and Abusive Sexual Contact, was sentenced on September 1, 2017, by U.S. District Judge Charles B. Kornmann.

Frankie Marshall, age 27, was sentenced to 180 months in custody, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $300.

Marshall was indicted by a federal grand jury on April 12, 2017. He pled guilty on June 6, 2017.

The conviction stems from an incident on March 29, 2017, when Marshall was at the home of a friend, the victim, in Bullhead, South Dakota. The two were playing dice and cards. Marshall left at about 5:30 am to meet up with another person.

Marshall returned a short time later and asked if he could wait for his sister to come get him, which the victim allowed. Marshall began to shut all of the lights off and sat down next to her on the couch. Marshall asked her if she wanted to have a one-night-stand, and the victim declined. Marshall shoved her back on the couch, got on top of her, and attempted to shove his hands down her pants. Marshall grabbed her pants and started to pull them down while the victim was struggling to keep them up. Marshall pulled the victim’s pants and panties off, pulled his sweats down, and proceeded to rape her.

As the assault was happening, one of the victim’s relatives entered the home and turned on a light upon entering. When the light was turned on, Marshall pulled up his pants and fled the residence. The police were immediately summoned and members of the victim’s family attempted to locate Marshall, who fled Bullhead and went to Fort Yates, North Dakota, where he was located and arrested by Bureau of Indian Affairs Law Enforcement.

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

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

United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Assault of an Intimate Partner by Strangulation, Child Abuse, and Felon In Possession of a Firearm.

River Grey Bull, age 22, was indicted on May 16, 2017. He appeared before U.S. Magistrate Judge William D. Gerdes on August 29, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 15 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 April 11, 2016, Grey Bull assaulted his intimate partner by strangulation and suffocation. The Indictment further alleges that Grey Bull hit his intimate partner while she was holding her child and the blow carried through and hit the child. Grey Bull, having previously been convicted of a felony, is alleged to have knowingly possessed a firearm.

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

The investigation is being conducted by the Bureau of Indian Affairs. Assistant U.S. Attorney Daniel C. Nelson is prosecuting the case.

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

United States Attorney Randolph J. Seiler announced that a Little Eagle, South Dakota, man convicted of Domestic Assault by an Habitual Offender was sentenced on September 1, 2017, by U.S. District Judge Charles B. Kornmann.

Charles Eagle Pipe, age 44, was sentenced to 45 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.

Eagle Pipe was indicted by a federal grand jury on March 15, 2017. He pled guilty on June 12, 2017.

The conviction stems from an incident on March 29, 2015, when a Bureau of Indian Affairs officer who was patrolling in Little Eagle, was informed of an incident occurring at the home of the victim. The officer responded and was informed that Eagle Pipe had taken her car, without permission, and returned highly intoxicated. Eagle Pipe refused to return the keys to the victim, assaulted her, then grabbed a knife and began to cut himself with it. Eagle Pipe then went across the street to his mother’s residence. The officer went across the street and placed Eagle Pipe under arrest, following a brief scuffle.

Upon securing Eagle Pipe in the vehicle, the officer went back across the street to where the victim was standing. She showed the officer where Eagle Pipe had thrown the knife, and she also showed the officer marks on her legs where she stated Eagle Pipe had kicked her. At the time of this incident, Eagle Pipe had seven prior convictions for Domestic Abuse in Standing Rock Tribal Court that would have been, if subject to federal jurisdiction, assaults against a spouse or intimate partner.

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

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

United States Attorney Randolph J. Seiler announced that a Kyle, South Dakota, man convicted of two counts of Abusive Sexual Contact was sentenced on September 5, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Darrell Janis, age 58, was sentenced to 8 years in custody, followed by 5 years of supervised release, and ordered to pay a $200 special assessment to the Federal Crime Victims Fund.

Janis was indicted by a federal grand jury in October 2016. He was subsequently found guilty following a trial in Federal District Court in Rapid City on May 11, 2017.

The conviction stems from Janis using force to have sexual contact with a child, who was between the ages of 12 and 16, on December 11, 2015, at Kyle.

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

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

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man and woman have been indicted by a federal grand jury for Distribution of a Controlled Substance.

Perry Crow, Jr., a/k/a Perry Fiddler, age 22, and Estrella Fernandez, a/k/a Star Fernandez, age 20, were indicted on July 11, 2017. Crow appeared before U.S. Magistrate Judge Mark A. Moreno on August 30, 2017, and Fernandez appeared before U.S. Magistrate Judge Mark A. Moreno on September 1, 2017. They 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, at least 3 years and up to life of supervised release, and up to $300 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on August 23, 2016, Crow knowingly and intentionally twice distributed methamphetamine, a Schedule II controlled substance. The Indictment also alleges that on August 31, 2016, both Crow and Fernandez knowingly and intentionally distributed methamphetamine.

The charges are merely accusations and Crow and Fernandez are presumed innocent until and unless proven guilty.

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

Crow and Fernandez were released on bond pending trial, which has been set for October 31, 2017.

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota man has been indicted by a federal grand jury for Distribution of a Controlled Substance.

Eunice Jamiel Smart, age 27, was indicted on April 12, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 30, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 years in custody and/or a $1,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on three occasions, September 10, 22, and 23, 2016, in Eagle Butte, Smart knowingly and intentionally distributed methamphetamine, a Schedule II controlled substance.

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

This case is being investigated by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.

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

National Science Foundation (“NSF”) is a United States agency created to support basic scientific research by providing grants, to individuals, businesses, academic and nonprofit institutions. Scott Thompson, d/b/a as Isosceles, LLC., submitted a grant proposal to study solar cells and develop technology to harvest light and produce renewable energy. Thompson specifically represented that a Post-Doctoral foreign national student of electrical engineering at the South Dakota State University (SDSU) was the principal scientific investigator on the project. Relying on Thompson’s statements, the NSF awarded grant funding. Thompson then represented that the student had worked more than 160 hours on the project, and drew down grant funds. Thompson knew his representations were untrue because he never met or hired the student. He used the grant funds to pay his personal bills. Thompson was found guilty, after a jury trial, of two counts of making false claims and two counts of submitting false documents to the NSF in violation of 18 U.S.C. § 287 and § 1001, and was ordered to pay restitution totaling $87,637.89 to the NSF and SDSU (United States v. Scott Thompson, CR 11-50054).

United States Attorney’s Office then brought a civil action pursuant to the False Claims Act (FCA), 31 U.S.C. § 3729(a)(1), which imposes liability on persons and companies who knowingly submit false claims to the government. Persons who submit a false claim must pay to the United States a civil penalty for each false claim, plus three times the amount of damages the government sustained. Pursuant to the FCA, the Court ordered Thompson to pay a civil judgment of $222,362.11 to the United States. In doing so, the Court stated that Thompson’s “convictions preclude him from denying the essential elements of the government’s FCA claim” and the jury found that Thompson “knowingly presented false claims to the government in order to receive funds from the NSF.” (United States v. Scott Thompson, CIV 15-5060-JLV, Doc. 44).

Criminal restitution, penalties, and debts obtained by fraud are not dischargeable in bankruptcy, 11 U.S.C. § 523. The United States Attorney’s Office places a high priority on criminal and civil enforcement in cases involving all types of fraud committed against the government, including grant fraud, and works with various law enforcement agencies to identify and investigate these matters.

The investigation was conducted by the National Science Foundation Office of Inspector General. Assistant United States Attorneys Sarah Collins, Eric Kelderman, and Cheryl Schrempp DuPris prosecuted the criminal and civil cases respectively.

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Willful Failure to Collect and Pay Over Tax was sentenced on August 30, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court. The Defendant was charged on January 30, 2017, and pleaded guilty on February 12, 2017.

Kenneth E. Orrock, age 48, was sentenced to 12 months of imprisonment, ordered to be served on weekends, followed by 3 years of supervised release. He was further ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and $280,257.72 in restitution to the Internal Revenue Service.

During the years 2011 through 2015, Orrock was the sole member of Black Hills Asset Protection Group, LLC, a limited liability company located in Rapid City that offers security-related services in western South Dakota under the trade name “Black Hills Patrol.”

During the same period, Orrock withheld taxes from his employees’ wages, including federal income tax, social security, and Medicare taxes for employees of Black Hills Patrol, and willfully failed to pay over those taxes to the United States. Orrock also willfully failed to pay the employer’s portion of taxes on wages paid to employees during the same period. Rather than paying over the taxes, Orrock used a portion of the withholdings for his own personal use.

Orrock, who was a licensed attorney until recently, served as the Bennett County State’s Attorney until January 2017.

This case was investigated by the Internal Revenue Service Criminal Investigation Division. Assistant U.S. Attorney Kirk Albertson prosecuted the case.

United States Attorney Randolph J. Seiler announced that a Red Scaffold, South Dakota, man has been indicted by a federal grand jury for Assault by Strangulation and Suffocation, and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.

Tyrell Chasing Hawk, age 31, was indicted on August 16, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 25, 2017, 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 up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on May 9, 2017, Chasing Hawk unlawfully assaulted his intimate partner by strangling and suffocating her, or attempting to do so, with the said injury resulting in substantial bodily injury to the victim.

The charges are merely accusations and Chasing 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.

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

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man was charged in federal district court with Attempted Enticement of a Minor Using the Internet.

Timothy George Bender, age 54, was charged on July 27, 2017. Bender appeared before U.S. Magistrate Judge Daneta Wollmann on July 28, 2017, and pleaded not guilty to the charge. The penalty upon conviction is 10 years up to life in 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 charge relates to Bender attempting to entice a minor girl to meet with him, who he believed to be 15 years old. The charge is merely an accusation and Bender 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.

Bender was released pending trial, which is scheduled for November 28, 2017.

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on August 21, 2017, by U.S. District Judge Roberto A. Lange.

Wacey James Long, age 29, was sentenced to 25 months in custody, followed by 3 years of supervised release, forfeiture of the firearm, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $100.

Long was indicted by a federal grand jury on February 15, 2017. He pled guilty on June 6, 2017.

On September 16, 2016, during the execution of a search warrant, law enforcement found and seized a short-barreled shotgun and drug paraphernalia from the apartment Long resided in with another person. Long admitted to using methamphetamine, a Schedule II controlled substance. Because he is an unlawful user of or addicted to a controlled substance, he is unable to lawfully possess firearms.

This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that Jalen Walking Eagle, age 22, of Pine Ridge, South Dakota, was found guilty of Assault Resulting in Serious Bodily Injury and First Degree Burglary following a federal trial in Rapid City, South Dakota. The jury returned their verdict on August 24, 2017.

The charges carry a maximum penalty of 25 years in custody and/or a $250,000 fine, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Evidence at trial established Walking Eagle unlawfully entered the home of the victim during the nighttime on February 12, 2017, and assaulted him resulting in serious bodily injury.

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

A sentencing date will be set. Walking Eagle was remanded to the custody of the U.S. Marshals Service pending sentencing.

United States Attorney Randolph J. Seiler announced that a Parmelee, South Dakota, woman convicted of Assault by Striking, Beating, and Wounding was sentenced on August 25, 2017, by U.S. Magistrate Judge Mark A. Moreno.

Charlee Spotted Tail, age 22, was sentenced to 4 months in custody, followed by 1 year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $25.

Spotted Tail was indicted by a federal grand jury on October 12, 2016. She pled guilty on June 19, 2017.

The conviction stemmed from an incident that occurred on March 11, 2016, in Mission, South Dakota. Spotted Tail started an altercation in a store parking lot with a woman who was holding her six-month-old baby. Spotted Tail attempted to strike the woman, and instead struck the baby in the head. She then struck the baby a second time before fleeing the scene in a nearby vehicle.

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

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

United States Attorney Randolph J. Seiler announced that a Bullhead, South Dakota, man convicted of Abusive Sexual Contact of a Person Incapable of Consent was sentenced on August 17, 2017, by U.S. District Judge Charles B. Kornmann.

Jimmie High Cat, age 29, was sentenced to 26 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.

High Cat was indicted by a federal grand jury on May 12, 2015. He pled guilty on May 18, 2017.

The conviction stems from an incident on December 7, 2013, when the victim was out for a walk in Bullhead, and a car pulled up to her and asked her if she wanted to come hang out. She accepted the invitation and went back to a private social gathering. Present at the residence were approximately six people, including High Cat.

As the evening wore on, the victim drank to the point of passing out. She awoke to find that her pants and underwear had been removed and she was lying on her back with a person touching her genitalia. The victim was able to get away and fled to her home in Bullhead, disclosed she was raped, and immediately notified law enforcement to report the sexual assault. The victim was transported to Mobridge Regional Hospital and a sexual assault examination was performed.

The victim identified her attacker as a brother of a person she knew. Law enforcement located High Cat as a possible suspect in the incident. High Cat initially denied the incident, but later admitted to having abusive sexual contact with the victim, stopping after about five minutes because he knew it was wrong.

This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

George Scott, age 32, was indicted on August 16, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 22, 2017, 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, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

In November 2012, Scott was convicted of Abusive Sexual Contact. As a result of his conviction, he is required to register as a sex offender. It is alleged that between March 30, 2017, and June 8, 2017, Scott, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under Federal Law, failed to properly register as a sex offender.

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

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

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

United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man was acquitted of Assault With a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Child Abuse as a result of a federal jury trial in Pierre, South Dakota, beginning on August 22, 2017, and concluding on August 23, 2017.

Dustin Witt, age 26, was indicted by a federal grand jury on March 15, 2017.

The charges stemmed from an alleged incident that occurred in June 2016, in Rosebud.

The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The U.S. Attorney’s Office prosecuted the case.

United States Attorney Randolph J. Seiler announced that an Okreek, South Dakota, woman convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on August 21, 2017, by U.S. District Judge Roberto A. Lange.

Maria Joy Dog Soldier, age 40, was sentenced to 36 months of probation and 6 months home confinement, a fine of $1,000, and forfeiture of $1,101. A mandatory special assessment to the Federal Crime Victims Fund in the amount of $100 was also imposed.

Dog Soldier was indicted by a federal grand jury on March 15, 2017. She pled guilty on June 5, 2017.

The conviction stemmed from an incident on April 29, 2016, during a routine patrol of the Rosebud Casino parking lot by a law enforcement officer and his K9 dog, when the K9 alerted to the presence of the odor of narcotics. Dog Soldier was present in the vehicle. A search of the vehicle revealed 15 plastic baggies containing cocaine and 3 plastic baggies containing marijuana and drug paraphernalia. Also found during the search was $1,101 in cash.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

United States Attorney Randolph J. Seiler announced that a Ft. Thompson, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on August 21, 2017, by U.S. District Judge Roberto A. Lange.

Matthew Long Crow, age 39, was sentenced to 120 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.

Long Crow was indicted by a federal grand jury on October 12, 2016. He pled guilty on May 24, 2017.

The conviction stems from an incident occurring between March 10, 2016, and March 19, 2016, when Long Crow assaulted his girlfriend, and the assault resulted in serious bodily injury.

This case was investigated by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on August 21, 2017, by U.S. District Judge Roberto A. Lange.

Gordon Bagola, age 62, was sentenced to 24 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.

Bagola was indicted by a federal grand jury on February 15, 2017. He pled guilty on June 1, 2017.

The conviction stemmed from an incident on July 31, 2016, when Bagola stabbed his son in the back with a knife, and the assault resulted in serious bodily injury.

This case was investigated by the Bureau of Indian Affairs. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that an Aberdeen, South Dakota, woman convicted of False Statements was sentenced on August 17, 2017, by U.S. District Judge Charles B. Kornmann.

Sherrae Two Hearts, a/k/a Sherrae Twohearts, age 38, was sentenced to time served, 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Two Hearts was indicted by a federal grand jury on February 14, 2017. She pled guilty on May 18, 2017.

The conviction stems from an incident on June 28, 2016, when Two Hearts called the Bureau of Indian Affairs to report that her children were being abused by their guardian and locked in the basement. An investigation was done and the children were observed to be safe, clean, and well fed. Two Hearts admitted to lying to the Special Agent.

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

United States Attorney Randolph J. Seiler announced that former executive board members of the Big Coulee District of the Sisseton-Wahpeton Oyate Tribe were sentenced in federal court on August 21, 2017.

Gerald German Jr., 46, of Peever, South Dakota, was sentenced to 3 months of imprisonment, ordered to pay restitution in the total amount of $79,960, and ordered to pay a fine in the amount of $5,000. German’s restitution amount includes $63,000 to the Sisseton-Wahpeton Oyate, which is from a separate case in which he was indicted. That case was dismissed pursuant to the plea agreement.

Gerald Heminger Jr., 58, of Sisseton, South Dakota, was sentenced to 3 months of imprisonment, ordered to pay restitution in the amount of $5,337.50, ordered to pay a fine in the amount of $2,000, and to serve 3 years of supervised release after serving his prison sentence.

Colette White, 57, of Peever, was sentenced to 3 years of probation, ordered to pay restitution in the amount of $5,160, and ordered to pay a fine in the amount of $3,000.

According to court documents, from approximately June 2010, through March 2013, each of the defendants conspired to embezzle, steal, and knowingly convert to their own use funds from the Big Coulee District of the Sisseton-Wahpeton Oyate Tribe, an Indian tribal organization. The Big Coulee District is a political subdivision of the Tribe. The defendants were all elected executive board members or employees of the District at the time.

During the conspiracy, they stole a total of $81,542.50 from the District. German Jr. received $16,960 of the stolen funds, Heminger Jr. received $5337.50 of the stolen funds, and White received $5,160 of the stolen funds. Each defendant used the funds for his or her own purposes.

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

The case was brought pursuant to The Guardians Project, a federal law enforcement initiative to coordinate efforts between participating agencies, to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those who are responsible for adversely affecting those living in South Dakota’s Indian country communities. The Guardians Project is another step of federal law enforcement’s on-going efforts to increase engagement, coordination, and positive action on behalf of tribal communities. Led by the United States Attorney’s Office, the participating agencies include: Federal Bureau of Investigation; the Offices of Inspector General for the Departments of Interior, Health and Human Services, Social Security Administration, Agriculture, Transportation, Education, Justice, and Housing and Urban Development; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspector Service; U.S. Postal Service, Office of Inspector General.

For additional information about The Guardians Project, please contact the United States Attorney’s Office at (605)330-4400. To report a suspected crime, please contact law enforcement at the federal agency’s locally listed telephone number.

United States Attorney Randolph J. Seiler announced that a Wanblee, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Rydell Iron Rope, age 44, was indicted on August 16, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 17, 2017, 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 of at least 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that between April 28, 2017, and August 16, 2017, Iron Rope, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under federal law, knowingly failed to register and update his registration.

The charge is merely an accusation and Iron Rope 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.

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

PIERRE, S.D. - Attorney General Marty Jackley, United States Attorney Randolph J. Seiler, Rapid City Police Chief Karl Jegeris, and Pennington County Sheriff Kevin Thom announce that the Division of Criminal Investigation, the South Dakota Internet Crimes Against Children (ICAC) Task Force, and Homeland Security Investigations have conducted investigations into sex trafficking during the Motorcycle Rally.

“It is important that we protect our children with law enforcement operations that focus on removing sexual predators from our streets. Our operations continue to protect children and send a message that South Dakota is off-limits to anyone seeking to harm our children,” said Jackley.

“Despite the intense publicity and focus on human trafficking these past few years, these undercover operations serve as a somber reminder that some people will throw caution to the wind and succumb to their perverted instincts,” said U.S. Attorney Randy Seiler. “I’m proud of the joint collaboration displayed by law enforcement and our united efforts to bring sex traffickers to justice.”

The investigation resulted in the following felony arrests and indictments for sex crimes:

Eric Carl Afrank, 22, Rapid City, SD, Enticement of a Minor Using the Internet (18 USC 2422(b))

Joshua Aschwege, 33, Black Hawk, SD, Attempted Commercial Sex Trafficking of a Minor - 18 USC 1591(a) and 1594 (a) and Enticement of a Minor using the Internet USC 2422(b)

Donald Scott Baker, 45, Independence, MO, Attempted Commercial Sex Trafficking of a Minor - 18 USC 1591(a) and 1594 (a) and Enticement of a Minor using the Internet USC 2422(b)

Kevin J. Carney, 30, Portland CT, Enticement of a Minor Using the Internet (18 USC 2422(b))

Jimmy Rudy Custodio, 39, Edina MN, Attempted Commercial Sex Trafficking of a Minor - 18 USC 1591(a) and 1594 (a) and Enticement of a Minor Using the Internet (18 USC 2422(b))

Erik Glenn Dahlquist, 29, Rapid City, SD, Attempted Commercial Sex Trafficking of a Minor - 18 USC 1591(a) and 1594 (a) and Enticement of a Minor Using the Internet (18 USC 2422(b))

Abdurrahman Keskin, 26, Silvan, Turkey, Enticement of a Minor Using the Internet (18 USC 2422(b))

Carlocito Slim, 31, Lake Jackson, TX, Attempted Commercial Sex Trafficking of a Minor - 18 USC 1591(a) and 1594 (a) and Enticement of a Minor Using the Internet (18 USC 2422(b))

Daniel David Wasner, 31, St. Cloud, MN, Enticement of a Minor Using the Internet (18 USC 2422(b))

The mandatory minimum penalty upon conviction for Attempted Enticement of a Minor Using the Internet is 10 years in prison, up to life imprisonment. For Commercial Sex Trafficking of a Minor under 14, the charge carries a mandatory minimum term of 15 years in federal prison and up to life imprisonment. If the minor is over 14 years of age, it is 10 years mandatory minimum.

All these individuals are presumed innocent until such time as proven guilty.

The cases are being federally prosecuted by Assistant U.S. Attorney Sarah Collins.

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

Adrian William Fast Dog, age 37, was indicted on August 16, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 17, 2017, 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 of at least 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that between July 7, 2017, and August 4, 2017, Fast Dog, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under federal law, knowingly failed to register and update his registration.

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

The nvestigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.

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

United States Attorney Randolph J. Seiler announced that a former executive board member of the Big Coulee District of the Sisseton-Wahpeton Oyate Tribe was sentenced in federal court on August 17, 2017, to 10 months of imprisonment. Carrie Godfrey, 52, of Sisseton, was also ordered to pay restitution in the amount of $31,640, to pay a fine in the amount of $3,000, and to serve three years of supervised release after serving her prison sentence.

According to court documents, from approximately June 2010 through March 2013, Godfrey and her co-defendants conspired to embezzle, steal, and knowingly convert to their own use funds from the Big Coulee District of the Sisseton-Wahpeton Oyate Tribe, an Indian tribal organization. The Big Coulee District is a political subdivision of the Tribe. Godfrey and her co-defendants were all elected executive board members or employees of the District at the time.

During the conspiracy, they stole a total of $81,542.50 from the District. Godfrey received $31,640 of the stolen funds and used the funds for her own purposes.

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

The case was brought pursuant to The Guardians Project, a federal law enforcement initiative to coordinate efforts between participating agencies, to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those who are responsible for adversely affecting those living in South Dakota’s Indian country communities. The Guardians Project is another step of federal law enforcement’s on-going efforts to increase engagement, coordination, and positive action on behalf of tribal communities. Led by the United States Attorney’s Office, the participating agencies include: Federal Bureau of Investigation; the Offices of Inspector General for the Departments of Interior, Health and Human Services, Social Security Administration, Agriculture, Transportation, Education, Justice, and Housing and Urban Development; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspector Service; U.S. Postal Service, Office of Inspector General.

For additional information about The Guardians Project, please contact the United States Attorney’s Office at (605)330-4400. To report a suspected crime, please contact law enforcement at the federal agency’s locally listed telephone number.

United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance, Methamphetamine, was sentenced on August 10, 2017, by U.S. District Judge Roberto A. Lange.

Benjamin Jason Young, a/k/a, Benjamin Jason Two Eagle, age 36, was sentenced to 40 months in custody, followed by 3 years of supervised release, a fine of $500, forfeiture of a firearm and ammunition, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $100.

Young was indicted by a federal grand jury on May 17, 2016. He pled guilty on April 11, 2017.

Between January 2015 and May 2016, Young knowingly and intentionally conspired with others to distribute methamphetamine, a Schedule II controlled substance, in the District of South Dakota. Young received distributable quantities of methamphetamine and distributed some of that methamphetamine in South Dakota. The individuals who provided Young with the methamphetamine knew that he intended to engage in further distribution. Young admitted that it was reasonably foreseeable to him that more than 50 grams of methamphetamine would be distributed during the course of the conspiracy.

When law enforcement executed a search warrant on Young’s residence on September 23, 2015, Young had methamphetamine, paraphernalia testing positive for methamphetamine, a firearm, and ammunition in his possession. Those items were seized by law enforcement and the firearm and ammunition were forfeited.

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

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

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on August 10, 2017, by U.S. District Judge Roberto A. Lange.

Donni DaRae Traversie, a/k/a Donna Dupris, age 27, was sentenced to 78 months in custody, followed by 3 years of supervised release, a fine of $500, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $100.

Traversie was indicted by a federal grand jury on January 19, 2017. She pled guilty on May 16, 2017.

Between April of 2012 and January of 2017, Traversie knowingly and intentionally conspired with others to distribute methamphetamine in the District of South Dakota. Traversie received distributable quantities of methamphetamine and distributed some of the methamphetamine in South Dakota. The individuals who provided Traversie with the methamphetamine knew that she intended to engage in further distribution. Traversie admitted that her distribution conduct involved between 500 grams and 1.5 kilograms of methamphetamine.

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

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

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on August 10, 2017, by U.S. District Judge Roberto A. Lange.

Kenneth Bowker, Jr., age 58, was sentenced to 24 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.

Bowker was indicted by a federal grand jury on April 12, 2017. He pled guilty on July 17, 2017.

The conviction stems from Bowker failing to register as a sex offender as required by federal law between January 26, 2017, and February 5, 2017. Bowker had previously been convicted of a sex offense in federal court, which requires him to register for the rest of his life.

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

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

United States Attorney Randolph J. Seiler announced that two St. Francis, South Dakota, men have been indicted by a federal grand jury for Assault With a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.

George Scott, age 32, and Kyle Swift Hawk, age 24, were indicted on July 11, 2017. Scott appeared before U.S. Magistrate Judge Mark A. Moreno on July 20, 2017, and Swift Hawk appeared on August 9, 2017. Both pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 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 or about June 12, 2017, Scott and Swift Hawk assaulted an individual with shod feet and a knife with the intent to do bodily harm, and that the assault resulted in serious bodily injury.

The charges are merely accusations and Scott and Swift Hawk are 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.

Scott and Swift Hawk were remanded to the custody of the U.S. Marshals Service pending trial, which has been set for September 19, 2017.

United States Attorney Randolph J. Seiler announced that a Lacreek District Vice-Chair has pleaded guilty in federal court to Embezzlement and Theft from an Indian Tribal Organization.

Charles Leo Cummings, 57, of Martin, South Dakota, entered his guilty plea on August 4, 2017, before U.S. Magistrate Judge Daneta Wollmann.

The maximum term of imprisonment upon conviction is up to 1 year and/or a $100,000 fine, a period of 1 year of supervised release, and a special assessment of $25 to the Federal Crime Victims Fund. Restitution will also be ordered.

According to his plea agreement, between December 28, 2015, and January 18, 2016, Cummings did willfully and knowingly embezzle, steal, misapply, and convert to his own use monies, funds, credits, goods, assets, and other property belonging to the Oglala Sioux Tribe. Cummings pleaded guilty to a federal misdemeanor and has agreed to pay restitution in the amount of $2,500.

The investigation is being conducted by the Federal Bureau of Investigation and the Department of Interior, Office of Inspector General. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.

The case was brought pursuant to The Guardians Project, a federal law enforcement initiative to coordinate efforts between participating agencies, to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those who are responsible for adversely affecting those living in South Dakota’s Indian country communities. The Guardians Project is another step of federal law enforcement’s on-going efforts to increase engagement, coordination, and positive action on behalf of tribal communities. Led by the United States Attorney’s Office, the participating agencies include: Federal Bureau of Investigation; the Offices of Inspector General for the Departments of Interior, Health and Human Services, Social Security Administration, Agriculture, Transportation, Education, Justice, and Housing and Urban Development; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspector Service; U.S. Postal Service, Office of Inspector General.

For additional information about The Guardians Project, please contact the United States Attorney’s Office at (605)330-4400. To report a suspected crime, please contact law enforcement at the federal agency’s locally listed telephone number.

United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man convicted of Conspiracy with Intent to Distribute a Controlled Substance was sentenced on July 31, 2017, by U.S. District Judge Karen E. Schreier.

Anthony Wayne Ponca, age 39, was sentenced to 188 months in custody, followed by five years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.

Ponca was indicted for Conspiracy with Intent to Distribute a Controlled Substance, methamphetamine, and for a firearm offense by a federal grand jury. He pled guilty to the Conspiracy charge on April 24, 2017.

Beginning on or about June 2015, and continuing until on or about August 16, 2016, Ponca, along with others, conspired to distribute 500 grams or more of a mixture or substance containing methamphetamine in and around the area of Sioux Falls. Ponca also possessed firearms at this time.

This case was investigated by the Sioux Falls Area Drug Task Force, which includes Drug Enforcement Administration, South Dakota Division of Criminal Investigation, the Minnehaha County Sheriff’s Department, and the Sioux Falls Police Department. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Second Degree Burglary was sentenced on August 9, 2017, by U.S. District Judge Roberto A. Lange.

Bryan Herman, age 52, was sentenced to 4 months in prison, followed by 3 years of supervised release, restitution was ordered in the amount of $11,793.79, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Herman was indicted by a federal grand jury on October 18, 2016. He pled guilty on May 15, 2017.

The conviction stemmed from multiple incidents that occurred between June 15, 2016, and July 20, 2016. Around June 15, 2016, Herman broke into the home of a friend in Todd County, South Dakota, and stole multiple blank checks. Between June 20, 2016, and July 20, 2016, Herman forged the account holder’s signature on multiple checks and cashed them at various locations in and around Mission.

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

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

United States Attorney Randolph J. Seiler announced that three individuals have pleaded guilty in federal court to a charge of Conspiracy Involving Theft by Employees of a Gaming Establishment on Indian Land.

Lito Banbilla Bolocon, age 44, and Jordon Anthony Rondell, age 29, appeared before U.S. District Judge Charles B. Kornmann on August 1, 2017, and pled guilty to the Conspiracy charge contained in the Superseding Indictment. Jeremy Kris Brown, age 43, pleaded guilty to that same count on May 1, 2017.

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

The Dakota Sioux Casino (“DSC”) is a gaming establishment located approximately five miles north of Watertown, in Codington County, South Dakota. The DSC is also located on the Lake Traverse Indian Reservation and is operated by the Sisseton Wahpeton Oyate Sioux Tribe.

According to the defendants’ plea agreements, Bolocon worked at the DSC as a pit boss, and Brown worked as a blackjack dealer. Rondell was a customer of the DSC whom frequently played blackjack. In December 2015 and through January 1, 2016, Bolocon, Brown, Rondell, and others conspired to enrich themselves by unlawfully obtaining gaming chips and money from the DSC. Specifically, in December 2015, the defendants devised a plan to cheat the DSC of monies derived during the gambling operations taking place on New Year’s Eve 2015 and into January 1, 2016. The agreement was for Rondell to unlawfully make a large sum of money from illegitimate winnings paid by Brown, and Rondell would then pay-off the other defendants for their participation. Rondell cashed-out approximately $10,000 from the DSC after playing at Brown’s blackjack tables, which were supervised by Bolocon.

Bolocon, as pit boss during that night and early morning, would oversee Brown’s and Gill’s dealing to Rondell. Bolocon knew about and allowed the cheat to proceed throughout the night of December 31, 2015, and early morning of January 1, 2016.

The investigation is being conducted by the Federal Bureau of Investigation, the United States Attorney’s Office, and the Sisseton-Wahpeton Oyate Sioux Tribe’s Gaming Commission. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.

A fourth defendant, Fern Freya Gill, has a trial date set for August 22, 2017.

The case was brought pursuant to The Guardians Project, a federal law enforcement initiative to coordinate efforts between participating agencies, to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those who are responsible for adversely affecting those living in South Dakota’s Indian country communities. The Guardians Project is another step of federal law enforcement’s on-going efforts to increase engagement, coordination, and positive action on behalf of tribal communities. Led by the United States Attorney’s Office, the participating agencies include: Federal Bureau of Investigation; the Offices of Inspector General for the Departments of Interior, Health and Human Services, Social Security Administration, Agriculture, Transportation, Education, Justice, and Housing and Urban Development; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspector Service; U.S. Postal Service, Office of Inspector General.

For additional information about The Guardians Project, please contact the United States Attorney’s Office at (605)330-4400. To report a suspected crime, please contact law enforcement at the federal agency’s locally listed telephone number.

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Abusive Sexual Contact and Failure to Appear was sentenced on August 9, 2017, by U.S. District Judge Roberto A. Lange.

Luther Blue Thunder, age 36, was sentenced to a total of 128 months in prison, followed by 10 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100. Restitution may also apply.

Blue Thunder was indicted by a federal grand jury on August 16, 2016. He was scheduled to plead guilty to Abusive Sexual Contact at a change of plea hearing on May 16, 2017, but he failed to appear for the hearing and a warrant was issued for his arrest. Blue Thunder was apprehended in Eagle Butte on May 18, 2017, and charged with Failure to Appear. He pled guilty to both offenses on May 22, 2017. Blue Thunder was sentenced to 120 months in prison for the Abusive Sexual Contact conviction and 8 months in prison for the Failure to Appear conviction, with the sentences ordered to be served consecutively.

The Abusive Sexual Contact conviction stemmed from conduct that occurred between May 2011 and September 2012, wherein Blue Thunder sexually assaulted a child who was between six and seven years old. The conduct occurred in Mission, South Dakota.

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

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

United States Attorney Randolph J. Seiler announced that a Pierre, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child, Travel With Intent to Engage in Illicit Sexual Conduct, and Transportation, Distribution, Receipt and Possession of Child Pornography.

Amin Ricker, age 30, was charged by Superseding Indictment on July 11, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 9, 2017, and pled not guilty to the Superseding Indictment.

The penalty upon conviction is a mandatory minimum of 30 years imprisonment up to life imprisonment and/or a $250,000 fine, 5 years up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

Ricker was indicted for distribution and possession of child pornography in April 2017. The Superseding Indictment further alleges that Ricker crossed a state line with the intent to engage in a sexual act with children under the age of 12, traveled in interstate commerce for the purpose of engaging in illicit sexual conduct with a person under the age of 18, and received and transported child pornography.

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

The investigation is being conducted by the Federal Bureau of Investigation, the Pierre Police Department, the South Dakota Division of Criminal Investigation, and the South Dakota Internet Crimes Against Children Task Force. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.

Ricker was remanded to the custody of the U.S. Marshals Service pending trial, which is set for October 3, 2017.

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person was sentenced on July 17, 2017, by U.S. District Judge Roberto A. Lange.

Charlie Warren Marshall, age 27, was sentenced to 78 months in custody and 4 years of supervised release, on each count, to run concurrently, a fine of $1,000, forfeiture of six firearms and ammunition, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $200.

Marshall was indicted by a federal grand jury on November 9, 2016. He pled guilty on March 13, 2017.

Between January 1, 2015, and November 9, 2016, Marshall knowingly and intentionally conspired with others to distribute methamphetamine in South Dakota.

Marshall received distributable quantities of methamphetamine and distributed some of that methamphetamine in South Dakota. The individuals who provided Marshall with the methamphetamine knew that he intended to engage in further distribution. Marshall admitted that his distribution activities involved at least 350 grams or more of methamphetamine, and that he had in his possession firearms for protection while distributing methamphetamine.

Marshall was arrested by Cheyenne River Sioux Tribal police on various occasions, in which he had firearms, ammunition, and/or narcotics or paraphernalia in his possession. On March 5, 2016, Marshall was arrested with a firearm and marijuana. Marshall admitted to using methamphetamine and marijuana, and because he is an unlawful user of, or addicted to, a controlled substance, he is unable to lawfully possess firearms.

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

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

United States Attorney Randolph J. Seiler announced that a Mission, South Dakota man convicted of Conspiracy to Manufacture a Controlled Substance and Conspiracy to Distribute a Controlled Substance, and a Parmelee, South Dakota woman convicted of Conspiracy to Distribute a Controlled Substance, were sentenced on July 31, 2017, by U.S. District Judge Roberto A. Lange. 

Meddore Maurice Douville, age 46, was sentenced to 30 months in custody and 3 years of supervised release on each count, to run concurrently, a fine of $1,000, forfeiture of $2,281.91 in United States currency, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $200.

Teeana Shannon Two Eagle, age 25, was sentenced to 9 months in custody, 2 years of supervised release, a fine of $500, forfeiture of $2,281.91 in United States currency, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $100.

Douville and Two Eagle were indicted by a federal grand jury on December 20, 2016.  They both pled guilty on May 3, 2017.

Douville admitted to knowingly and intentionally conspiring with others to manufacture and distribute marihuana, a Schedule I Controlled Substance, within the District of South Dakota between September 1, 2015, and December 20, 2016.  Two Eagle admitted to knowingly and intentionally conspiring with others to distribute marihuana within the District of South Dakota between January 1, 2016, and December 20, 2016.

During the course of the conspiracy, Douville received distributable quantities of marihuana from others and manufactured and distributed some of that marihuana in South Dakota.  The individuals who provided Douville with the marihuana knew that he intended to engage in further manufacturing and distribution of it.  Two Eagle participated in Douville’s manufacturing and distribution operation.  
On December 6, 2016, Rosebud Sioux Tribe Law Enforcement Services Officers executed a search warrant on Douville’s residence in Mission, South Dakota.  Present in the residence at the time of the search warrant were Douville, Two Eagle, two of their young children, and one of Douville’s adult sons.  Two Eagle was pregnant at the time with twins. 

During the execution of the search warrant, law enforcement seized numerous items from Douville’s home, garage and storage shed, including over 46 total pounds of marihuana and marihuana cigarettes, in bulk and already packaged for sale, $2,281.91 in United States currency which was proceeds from the sale of marihuana, and equipment to grow, cultivate, process, and distribute marihuana like drying racks, planting pots, burlap sacks, sodium lights, industrial fans, plant food, grinders, cases of rolling papers and small plastic baggies.
Douville was employed at the St. Francis Indian School in St. Francis, South Dakota, from 2001 to 2008, and from 2011 until August of 2015.  For part of that time, Douville was a special education teacher at the school.  

Although Douville admitted he was unemployed after August of 2015, from December of 2015 until late November of 2016, Douville and Two Eagle traveled at least monthly, and often twice a month, to Colorado to buy marihuana to manufacture and distribute in South Dakota, staying in lavish hotels such as the Ritz Carlton or Sheraton in Denver, and spending money on marihuana paraphernalia, concerts, Colorado Rockies baseball games, or other supplies and entertainment.  For example, on November 27, 2016, Douville bought $900 worth of marihuana rolling papers from a paraphernalia shop in Denver.  During that same time, Douville reloaded over $30,000.00 on his Walmart debit card, reloading $5,000.00 in just five transactions during a ten-day window in November of 2016.  

Both Douville and Two Eagle admitted that Douville was in charge of the manufacturing and distribution operation conducted in and out of his residence in Mission, South Dakota.

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

Douville and Two Eagle were immediately turned over to the custody of the U.S. Marshals Service.    

United States Attorney Randolph J. Seiler announced that Matthew St. Pierre, age 31, of McLaughlin, South Dakota, appeared before U.S. District Judge Charles B. Kornmann on August 4, 2017, and pled guilty to a Superseding Information that charged him with Second Degree Murder.

   
The maximum penalty upon conviction is up to life in custody, a$250,000 fine, a period of supervised release of 5 years.  If St. Pierre is found to have violated a condition of supervised release, he may be incarcerated for an additional term of up to 5 years on any such revocation.  A fine of $100 to the Federal Crime Victims Fund and restitution may also be ordered. 

The charge stems from an incident between October 11, 2016, and October 12, 2016, when St. Pierre unlawfully aided and abetted in the murder of his girlfriend’s daughter who was five years old at the time of her death.

The investigation was conducted by the Federal Bureau of Investigation, and the Bureau of Indian Affairs, Standing Rock Agency.  The case is being prosecuted by Assistant U.S. Attorneys Troy R. Morley and Daniel C. Nelson.

A presentence investigation was ordered and a sentencing date was set for November 20, 2017.  St. Pierre was remanded to the custody of the U.S. Marshals Service pending sentencing.

United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota man convicted of Use of Interstate Facilities to Transmit Information about a Minor was sentenced on July 31, 2017, by U.S. District Judge Karen E. Schrier. 

Kevin Dolejsi, (pronounced “Dole – ish”), age 31, was sentenced to 50 months in custody and 5 years of supervised release.  He was also ordered to pay $100 to the Federal Crime Victims Fund and will have to register as a sex offender.  

Dolejsi was indicted for Attempted Transfer of Obscene Material to a Minor and Attempted Enticement of a Minor Using the Internet by a federal grand jury on September 7, 2016.  He pled guilty to Use of Interstate Facilities to Transmit Information about a Minor on April 20, 2017.

On August 15, 2016, Kevin Dolejsi, used his cell phone to respond to an advertisement on the internet website Backpage.  Dolejsi, sent a number of messages to a female he believed to be 13 years-old to entice her to engage in sexual contact with him.  Unknown to Dolejsi, the messages were sent to an undercover law enforcement officer as part of a sting operation.  In addition to transmitting the name of the minor, Dolejsi paid for a hotel room and arranged a meeting with the 13 year old girl.  

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

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

United States Attorney Randolph J. Seiler announced that a Bullhead, South Dakota, woman convicted of Child Abuse was sentenced on August 1, 2017, by U.S. District Judge Charles B. Kornmann. 

Alyssa Oka, age 28, was sentenced to 18 months in custody, 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Oka was indicted by a federal grand jury on February 15, 2017.  She pled guilty on May 4, 2017.

The conviction stems from an incident on June 3, 2015, when BIA officers responded to a call at a residence in Bullhead, South Dakota.  As they got there, a young child came up to them and stated his mother, Oka, the Defendant, had just beat him up.  The victim stated that he left his mother laying on the ground by the walking bridge in town.  Officers were unable to locate her there.  The officers then proceeded to Oka’s residence, at which time Oka began shouting at them from across the street.  Oka was observed to be staggering as she attempted to walk towards them.

Oka was placed in the back of the patrol vehicle while the victim was interviewed and informed the officers that he was struck on the left side of his face.  When one of the officers examined the child, he noted discoloring to the face.  Photographs were taken and Oka was placed under arrest.

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

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

United States Attorney Randolph J. Seiler announced that a Bullhead, South Dakota, man convicted of two counts of Domestic Assault by an Habitual Offender was sentenced on August 1, 2017, by U.S. District Judge Charles B. Kornmann. 

Dana Yellow Earrings, age 44, was sentenced to 37 months in custody in each count to be served concurrently, 3 years of supervised release on each count to be served concurrently, and a special assessment to the Federal Crime Victims Fund in the amount of $200.
Yellow Earrings was indicted by a federal grand jury on February 15, 2017.  He pled guilty on May 5, 2017.

The conviction stems from an incident on September 11, 2016, when Yellow Earrings went to the home of the victim, and angrily confronted her at her home in Bullhead, South Dakota.  Yellow Earrings became more irate and physically assaulted the victim.  He then left the residence and attempted to break the windows out of a vehicle outside the residence.

On February 6, 2016, Yellow Earrings was walking across a bridge in Bullhead, South Dakota, and came across the victim walking across the bridge in the opposite direction.  He and the victim began to argue and Yellow Earrings struck the victim with a beer can, knocking her to the ground.  As the victim was laying on the ground, Yellow Earrings began to kick her in the abdomen.  A person who observed the incident managed to distract Yellow Earrings, allowing the victim to flee.  He was later apprehended.

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

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

United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota woman has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.

Annie Rose Gassman, age 33, was indicted on June 14, 2017.  She appeared before U.S. Magistrate Judge Mark A. Moreno on July 28, 2017, and pled not guilty to the Indictment. 

The maximum penalty upon conviction is up to 20 years in custody and/or a $1,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

 
The Indictment alleges that between August 1, 2015, and June 14, 2017, Gasman knowingly and intentionally conspired with others to distribute methamphetamine, a Schedule II controlled Substance, within South Dakota.

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

This case is being investigated by the Rosebud Sioux Tribe Law Enforcement.  Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case. 

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