District of South Dakota

United States Attorney Randolph J. Seiler announced that a Parmelee, South Dakota, woman has been indicted by a federal grand jury for Child Abuse.

Charlee Spotted Tail, age 21, was indicted on October 12, 2016. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 22, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 15 years in custody and/or a $30,000 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 March 11, 2016, Spotted Tail, abused, exposed, tortured, tormented, and cruelly punished a child who had not attained the age of seven years old.

The charge is merely an accusation and Spotted Tail 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.

Spotted Tail 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 an Okreek, South Dakota, woman has been indicted by a federal grand jury for Assault With a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.

Selena Chief Eagle, age 24, was indicted on February 15, 2017. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 22, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction for each charge 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 January 10, 2017, Chief Eagle assaulted an individual with a knife with intent to do bodily harm, and that said assault resulted in serious bodily injury.

The charge is merely an accusation and Chief Eagle 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.

Chief Eagle 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 Bullhead, South Dakota, woman has been indicted by a federal grand jury on four counts of Child Abuse.

Alyssa Oka, age 27, was indicted on February 15, 2017. She appeared before U.S. Magistrate Judge William D. Gerdes on February 21, 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 per count, and up to $400 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on multiple dates, Oka abused, exposed, tortured, tormented, and cruelly punished four juvenile victims who were all under the age of seven.

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

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

Oka 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 Bullhead, South Dakota, man has been indicted by a federal grand jury for one count of First Degree Burglary and two counts of Domestic Assault by an Habitual Offender.

Dana Yellow Earrings, age 44, was indicted on February 15, 2017. He appeared before U.S. Magistrate Judge William D. Gerdes on February 21, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 35 years in custody and/or a $750,000 fine, 9 years of supervised release, and $300 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on September 11, 2016, Yellow Earrings unlawfully entered and remained in an occupied structure at night time. The Indictment also alleged that Yellow Earrings, on two separate occasions, committed the offense of domestic assault upon a spouse or partner.

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

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

Yellow Earrings 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 Yankton, South Dakota, man has been indicted by a federal grand jury for Bank Robbery.

David William Giese, age 26, was indicted on February 14, 2017. He appeared before U.S. Magistrate Judge Veronica L. Duffy on February 17, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 25 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.

The indictment alleges that, Giese entered the Wells Fargo Bank in Yankton, on July 26, 2016, and demanded money from the teller.

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

“The charges today are the result of close collaboration by the FBI and our law enforcement partners.” said Special Agent in Charge Richard T. Thornton of the Minneapolis FBI office. “We will continue to work tirelessly to ensure those who commit crimes such as this will be brought to justice.”

The investigation is being conducted by the Federal Bureau of Investigation and the Yankton Police Department. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.

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

United States Attorney Randolph J. Seiler announced that two Rapid City men convicted of illegally possessing and selling a firearm were sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.

Daniel Joseph Newingham, 42, was sentenced on February 10, 2017, to 30 months of imprisonment and 3 years of supervised release and ordered to pay a $200 special assessment to the Federal Crime Victims Fund. Joseph Huddleston, 43, was sentenced on February 13, 2017, to 16 months of imprisonment and 3 years of supervised release and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Huddleston and Newingham were charged on June 21, 2016. The charges relate to Newingham, a person prohibited from possessing a firearm, stealing and possessing a Smith and Wesson .38 caliber revolver and Huddleston possessing and selling a stolen Glock 9mm pistol.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Rapid City Police Department. Assistant U.S. Attorney Ben Patterson prosecuted the case.

Both defendants were immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man was charged in federal district court for Wire Fraud and Making and Subscribing a False Tax Return.

Mike Lundy, a/k/a Barkley J.W. Lundy, was charged on February 7, 2017. Lundy appeared before U.S. Magistrate Judge Daneta Wollmann on February 14, 2017, and pleaded not guilty to the charges. The maximum penalty upon conviction is 20 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 charges relate to Lundy soliciting money from individuals for investments purposes and then using a portion of the solicited funds for his own personal expenses and failing to report the investment income for tax purposes. The charges are merely an accusation and Lundy is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Internal Revenue Service Criminal Investigation. Assistant U.S. Attorney Ben Patterson is prosecuting the case.

Lundy was released for the pendency of the proceedings.

United States Attorney Randolph J. Seiler announced that a Lester, Iowa, man convicted of Attempted Trafficking in Involuntary Servitude and Forced Labor was sentenced on February 9, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Aaron Vandekamp, age 23, was sentenced to 30 months of imprisonment and 3 years of supervised release and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Vandekamp was one of four men who were arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2015 Sturgis Motorcycle Rally, targeting persons willing to pay to have sex with underage girls obtained through the Internet. The conviction stemmed from Vandekamp responding to an online advertisement posted by Division of Criminal Investigation undercover agents, which purported to offer young girls for sex. Following several messages with a person Vandekamp 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 they would meet, along with the price he would pay, which was $150.

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.

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

United States Attorney Randolph J. Seiler announced that a Dupree, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury and Aiding and Abetting was sentenced on February 13, 2017, by U.S. District Judge Roberto A. Lange.

Charles Hollow Horn, age 21, was sentenced to 24 months in custody, 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100. Restitution has been postponed for 60 days.

Hollow Horn was indicted by a federal grand jury on April 13, 2016. He pled guilty on November 22, 2016.

The conviction stems from an incident on December 8, 2015, when Hollow Horn and his girlfriend were staying at another friend’s residence in Dupree. On the day of the assault, the home owner was out of town. Hollow Horn and his girlfriend were drinking throughout the day. Later in the afternoon, the victim showed up looking for the home owner. The victim had alcohol, so Hollow Horn invited him in. After they ran out of alcohol, they went to get more. While making the alcohol run, they ran into another friend of Hollow Horn’s – Bradley Spekker – and invited him over. They then returned to the residence to continue to drink and socialize.

Horn and Spekker became angry with the victim and they began to assault him. The victim was punched and kicked several times, as well as being struck repeatedly with elbows and knees during the course of the assault. Horn was wearing boots while he was kicking the victim. The victim was rendered unconscious. The victim suffered significant swelling to his whole head, nasal fractures and diffuse cerebral swelling. His nose was obviously deformed. There was a laceration to the top left of his head and another on his chin. There was a large hole in the wall with blood splatter around it.

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

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

United States Attorney Randolph J. Seiler announced that a Cherry Creek, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on February 13, 2017, by U.S. District Judge Roberto A. Lange.

Dewey Marrowbone, age 48, was sentenced to 15 months in custody, 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Marrowbone was indicted by a federal grand jury on October 12, 2016. He pled guilty on December 12, 2016.

Marrowbone had previously been convicted of a sex offense in federal court which requires him to register as a sex offender for the rest of his life. He was previously convicted for failing to register as a sex offender. Marrowbone was released from custody in Florence, Colorado, on August 10, 2016. He was to report to the Community Alternatives of the Black Hills the following day. He did not do so. He was on absconder status until August 25, 2016. The conviction stems from the fact that Marrowbone failed to register as a sex offender, as required by federal law, between August 13, 2016, and August 25, 2016.

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

Marrowbone 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 charged with Assault by Striking, Beating, and Wounding pled guilty and was sentenced on February 10, 2017, by U.S. Magistrate Judge Mark A. Moreno.

Ray Mcfarland, age 41, was sentenced to four days in custody, and a special assessment to the Federal Crime Victims Fund in the amount of $25.

Mcfarland was charged by criminal complaint on January 20, 2017.

The conviction stemmed from an incident that took place on January 19, 2017, when Mcfarland struck his girlfriend.

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

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

United States Attorney Randolph J. Seiler announced that a Marty, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse.

Burton Wayne Rainbow, Jr., age 34, was indicted on February 7, 2017. He appeared before U.S. Magistrate Judge Veronica Duffy on February 10, 2017, and pled not guilty to the Indictment.

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

According to the Indictment, in August 2015, Rainbow engaged in a sexual act with a juvenile female. To perpetrate the sexual assault, Rainbow placed the juvenile female in fear.

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

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

Rainbow was ordered detained pending trial. A trial date has been set for April 18, 2017.

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man has pled guilty to Failure to Collect and Pay Over Tax.

Kenneth E. Orrock, age 48, was charged on January 30, 2017. He appeared before U.S. Magistrate Judge Daneta Wollman on February 10, 2017, and pled guilty pursuant to a plea agreement reached with federal prosecutors.

The maximum penalty is 5 years 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.

charges stem from Orrock’s failure to collect and pay over federal employee tax withholdings related to his private security company, Black Hills Asset Protection Group, which does business under the trade name Black Hills Patrol. Orrock, the sole owner of Black Hills Asset Protection Group, is also a licensed attorney and 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 W. Albertson is prosecuting the case.

Orrock was released pending sentencing. A sentencing date has not been set.

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Failing to Register as a Sex Offender was sentenced on February 6, 2017, by U.S. District Judge Roberto A. Lange.

Frank White Thunder, age 29, was sentenced to 15 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.

White Thunder was indicted by a federal grand jury on May 17, 2016. He pled guilty on November 30, 2016.

White Thunder was convicted of Abusive Sexual Contact in April 2008. As a result of this conviction, he is required to register as a sex offender. In February 2012, White Thunder was convicted of Failure to Register as a Sex Offender and was ordered to register as a sex offender. He was released from custody on April 5, 2016. White Thunder initially registered as a sex offender, but then absconded from supervision. White Thunder did not update his sex offender registration between April 21, 2016 and May 17, 2016, as required by law and his whereabouts were unknown.

This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Kirk W. Albertson prosecuted the case.

White Thunder 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 has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Justin Jerome Howard, age 33, was indicted on January 19, 2017. He appeared before U.S. Magistrate Judge William D. Gerdes on January 27, 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 period 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 December 5, 2016, and December 14, 2016, Howard, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction, knowingly failed to register and update his registration as required by law.

The charge is merely an accusation and Howard 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.

Howard 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 Mission, South Dakota, man has been indicted by a federal grand jury for Assaulting, Opposing, Resisting, and Impeding a Federal Officer.

Donovan Siers, a/k/a Donovan Fast Dog, age 51, was indicted on September 13, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 7, 2016 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 July 4, 2016, Siers did forcibly assault, resist, oppose, impede, intimidate, and interfere with an officer who was employed as a law enforcement officer by the Rosebud Sioux Tribe, and the said conduct did involve physical contact.

The charge is merely an accusation and Siers 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 W. Albertson is prosecuting the case.

Siers 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 McLaughlin, South Dakota, man has been indicted by a federal grand jury for Domestic Assault by an Habitual Offender.

Kyle White Bull, age 29, was indicted on January 19, 2017. He appeared before U.S. Magistrate Judge William D. Gerdes on January 27, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund on each count. Restitution may also be ordered.

The Indictment alleges that on December 21, 2016, White Bull unlawfully committed a domestic assault. At the time of the assault, White Bull had at least two separate prior convictions for assaults that were against a spouse or intimate partner.

The charges are merely accusation and White Bull is presumed innocent until and unless proven guilty.

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

White 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 McLaughlin, South Dakota, man has been indicted by a federal grand jury for Domestic Assault by an Habitual Offender.

Theron Wade Makes Him First, age 28, was indicted on January 19, 2017. He appeared before U.S. Magistrate Judge William D. Gerdes on January 27, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 years in custody and/or a fine of up to $500,000, 3 years of supervised release, and $200 to the Federal Crime Victims Fund on each count. Restitution may also be ordered.

The Indictment alleges that on June 28, 2016, Makes Him First unlawfully committed two domestic assaults. At the time of the assaults, he had at least two separate prior convictions for assaults that were against a spouse or intimate partner.

The charges are merely accusation and Makes Him First is presumed innocent until and unless proven guilty.

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

Makes Him First 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 Lower Brule, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer, Assault with a Dangerous Weapon, and Brandishing of a Firearm During a Crime of Violence.

Philip Anthony Battese, age 36, was indicted on January 19, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 6, 2017, and pled not guilty to the Indictment.

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

The Indictment alleges that on December 21, 2016, Battese forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with a Lieutenant from the Bureau of Indian Affairs, while that Lieutenant was engaged in the performance of his official duties. During the assault, Battese knowingly brandished a firearm at the officer during and in relation to this crime of violence.

The charges are merely accusations and Battese is 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.

Battese 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 has been indicted by a federal grand jury for Child Abuse and Assault with a Dangerous Weapon.

Chavez Spotted Horse, age 40, was indicted on January 19, 2017. He appeared before U.S. Magistrate Judge William D. Gerdes on January 27, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 60 years in custody and/or a fine of up to $1,500,000, 3 years of supervised release, and $600 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that between November 27, 2016, and November 30, 2016, Spotted Horse hit a juvenile victim on three separate occasions with a kitchen spoon, a rod, and a plastic hanger.

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

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

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

United States Attorney Randolph J. Seiler announced that five Eagle Butte, South Dakota, residents convicted of Conspiracy to Distribute a Controlled Substance have now been sentenced by U.S. District Judge Roberto A. Lange.

On April 13, 2016, all five defendants were indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance. All five defendants pled guilty to that same charge.

Kristina Rae Lofton, a/k/a Kristina Rae Moran, age 37, pled guilty on November 8, 2016, and was sentenced on January 30, 2017, to 132 months in custody, to be followed by 5 years of supervised release.

Robert Earlwin Lofton, Jr., a/k/a Robert Erwin Lofton, Jr., a/k/a Blue Lofton, age 35, pled guilty on September 27, 2016, and was sentenced on December 19, 2016, to 78 months in custody, to be followed by 5 years of supervised release.

Tyler James Peterson, age 36, pled guilty on November 7, 2016, and was sentenced on January 30, 2017, to 70 months in custody, to be followed by 3 years of supervised release.

Stephanie Fawn Lofton, a/k/a Stephanie Fawn Clark, age 39, pled guilty on November 14, 2016, and was sentenced on January 31, 2017, to 68 months in custody, to be followed by 4 years of supervised release.

Ashley Marie Peterson, age 34, pled guilty on October 24, 2016, and was sentenced on January 23, 2017, to 38 months in custody, to be followed by 2 years of supervised release.

All of the defendants were also ordered to pay a $1,000 fine, a special assessment to the Federal Crime Victims Fund in the amount of $100, and the forfeiture of United States currency, firearms, and ammunition seized by law enforcement.

March of 2014 and July of 2016, Kristina, Robert and Stephanie Lofton, and Tyler and Ashley Peterson, knowingly and intentionally conspired and agreed with each other, and with others, to distribute methamphetamine, a Schedule II Controlled Substance, in and around the Cheyenne River Sioux Tribe Reservation and elsewhere in South Dakota. Beginning in March of 2014, the defendants received distributable quantities of methamphetamine from individuals who knew that they intended to engage in further distribution of the methamphetamine. The defendants further distributed the methamphetamine to others within South Dakota.

Kristina Lofton admitted to being the organizer or leader in the conspiracy and distributed methamphetamine to numerous participants. The Court found that Kristina Lofton was responsible for distributing between 1.5 and 5 kilograms of methamphetamine. Robert Lofton was arrested with firearms, ammunition, and U.S. currency, which were seized by law enforcement. The Court found that Robert Lofton, Stephanie Lofton, Tyler Peterson, and Ashley Peterson distributed between 350 grams and 500 grams of methamphetamine.

This case was investigated by the Federal Bureau of Investigation, 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.

The defendants were immediately turned over to the custody of the U.S. Marshals Service following sentencing.

United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, woman has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.

Majestic Byington, age 23, was indicted on August 16, 2016. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 2, 2017, 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 April 15, 2016, Byington assaulted, resisted, opposed, impeded, intimidated, and interfered with a Special Agent from the Federal Bureau of Investigation, while the agent was engaged in the performance of his official duties.

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

investigation is being conducted by the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.

Byington 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 Lower Brule, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse and Sexual Abuse.

James St. Cloud, age 36, was indicted on January 19, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 2, 2017, and pled not guilty to the Indictment.

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

The Indictment alleges that between March 30, 2016, and April 16, 2016, as well as September 16, 2016, St. Cloud knowingly engaged in and attempted to engage in sexual behavior with two minor victims, one of whom was incapable of appraising the nature of the conduct, and was physically incapable of declining participation or communicating her unwillingness to engage in the sexual act.

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

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

St. Cloud 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 two California men convicted of Trafficking in Counterfeit Goods or Services were sentenced on January 30, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Mohamed Elkady, age 30, and Fady Youssef Abdelmalek, age 34, were each sentenced to time served, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. They were also ordered to pay $50,000 in restitution jointly, which they paid in full, prior to sentencing.

Elkady and Abdelmalek were charged on June 6, 2015. The conviction stems from them manufacturing and selling counterfeit goods at kiosks in the Rushmore Mall in Rapid City, South Dakota, and the Empire Mall in Sioux Falls, South Dakota, between November 2014 and June 2015. The victims included the National Football League, various motor vehicle manufacturers, and television show producers.

This case was investigated by the Department of Homeland Security, Bureau of Immigration and Customs Enforcement. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on January 30, 2017, by U.S. District Judge Roberto A. Lange.

Allen Good Shield, age 27, was sentenced to 20 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.

Good Shield was indicted by a federal grand jury on August 23, 2016. He pled guilty on November 8, 2016.

Good Shield was convicted of Sexual Abuse of a Minor in federal court in November 2010, and sentenced to 27 months in prison, followed by 5 years supervised release. As a result of this conviction, he is required to register as a sex offender and to update his registration within three business days of relocating or changing employment. In July 2016, Good Shield registered with an address in Rapid City. Good Shield subsequently absconded from supervised release and an arrest warrant was issued. He was arrested in Rapid City on August 11, 2016. Good Shield did not update his sex offender registration between August 2, 2016, and August 11, 2016, as required by law.

This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on January 31, 2017, by U.S. District Judge Roberto A. Lange.

Patrick Black Spotted Horse, age 27, 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.

Black Spotted Horse was indicted by a federal grand jury on January 21, 2016. He pled guilty on November 8, 2016.

Black Spotted Horse was convicted of Sexual Abuse of a Minor in federal court in March 2010, and sentenced to 40 months in prison followed by 5 years of supervised release. As a result of this conviction, he is required to register as a sex offender and to update his registration within three business days of relocating or changing employment. In October 2015, Black Spotted Horse updated his registration using an address in Rapid City. In December 2015, Black Spotted Horse absconded from supervised release, and a warrant was issued for his arrest. Black Spotted horse did not update his sex offender registration between December 3, 2015, and January 20, 2016, as required by law.

This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson prosecuted the case.

Black Spotted Horse 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 Distribute a Controlled Substance was sentenced on January 30, 2017, by U.S. District Judge Roberto A. Lange.

Lonnie Ray Erickson, age 51, was sentenced to 132 months in custody, 5 years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100. Erickson was also ordered to forfeit U.S. currency, firearms, and ammunition seized by law enforcement.

Erickson was initially indicted by a federal grand jury on August 11, 2015. A Superseding Indictment was filed on December 8, 2015, and a second Superseding Indictment was filed on May 7, 2016. Erickson pled guilty on November 8, 2016.

Between March of 2015 and May of 2016, Erickson knowingly and intentionally conspired with others to distribute more than 500 grams of methamphetamine, a Schedule II Controlled Substance, in South Dakota. Erickson received distributable quantities of methamphetamine and distributed it to others within South Dakota. The individuals who provided Erickson with methamphetamine knew that he intended to engage in further distribution. It was reasonably foreseeable to Erickson that more than 500 grams of methamphetamine would be distributed during the course of the conspiracy.

On July 26, 2015, and October 15, 2015, cash, firearms, and ammunition were seized by law enforcement from Erickson. Methamphetamine, marijuana, and drug paraphernalia were also seized from Erickson on October 15, 2015.

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

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

United States Attorney Randolph J. Seiler announced that a Manderson, South Dakota, man has been indicted by a federal grand jury for Abusive Sexual Contact.

Lorne Michael Thunder Horse, age 34, was indicted on January 24, 2017, and appeared before U.S. Magistrate Judge Daneta Wollmann on January 31, 2017. He pleaded not guilty to the charge.

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

The charge relates to Thunder Horse engaging in sexual contact with a young child. The charge is merely an accusation and Thunder Horse 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.

Thunder Horse was detained pending trial. A trial date has not been set.

United States Attorney Randolph J. Seiler announced that an Ellsworth AFB, South Dakota, man has been indicted by a federal grand jury for Attempted Sexual Exploitation of a Minor, Attempted Enticement of a Minor Using the Internet, and Transfer of Obscene Material to a Minor.

Rickey Lee Crain, age 27, was indicted on January 24, 2017, and appeared before U.S. Magistrate Judge Daneta Wollmann on January 27, 2017. He pleaded not guilty to the Indictment.

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

The charges relate to Crain using a cell phone and a computer to send obscene material to a minor, and to engage in sexually explicit conduct with a female he believed to be 13-years old.

The charges are merely an accusation and Crain 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.

Crain was released pending trial.

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

Donni DaRae Traversie, a/k/a Donna Dupris, age 26, was indicted on January 19, 2017. She appeared before U.S. Magistrate Judge Mark A. Moreno on January 24, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction, on each count, is up to 20 years in custody and/or a $1,000,000 fine, up to life on supervised release, and $500 to the Federal Crime Victims Fund. Restitution may also be ordered.

It is alleged that between April 1, 2012, and January 19, 2017, Traversie conspired to manufacture and distribute methamphetamine in the District of South Dakota. It is further alleged that on four occasions between June 14 and July 1, 2016, Traversie distributed methamphetamine.

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

The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.

Traversie was released on bond to a third party custodian pending trial. Trial is set for April 4, 2017.

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man and an Ogden, Utah, man convicted of Robbery were sentenced by U.S. District Judge Roberto A. Lange.

Ryker Talbot, age 20, from Ogden, Utah, was sentenced on January 30, 2017, to 84 months in custody, to be followed by 3 years of supervised release. Dominic Houston, age 18, from Eagle Butte, South Dakota, was sentenced on December 19, 2016, to 46 months in custody, followed by 2 years of supervised release. Both were ordered to pay $1,743.20 in restitution to the Eagle Stop Convenience Store and Gas Station in Eagle Butte, on a joint and several basis, and a special assessment to the Federal Crime Victims Fund in the amount of $100.00 each.

Talbot and Houston were indicted by a federal grand jury on July 26, 2016. Talbot pled guilty on November 8, 2016, and Houston pled guilty on September 27, 2016.

The conviction stems from an incident on July 2, 2016, when Talbot and Houston discussed committing a robbery. Ultimately, the decision was made to rob the Eagle Stop. Shortly before 1:00 a.m. on Saturday, July 2, 2016, Talbot and Houston traveled to the vicinity of the Eagle Stop. Houston remained outside of the store and served as a lookout. Talbot entered the Eagle Stop, carrying a Maverick 12-gauge shotgun. Talbot pointed the shotgun at the clerk and demanded money. Talbot then racked the shotgun and repeated his demand to be given money. The clerk gave Talbot money from the cash registers in the store. Talbot then demanded the clerk to give him two cartons of cigarettes, and the clerk complied. Talbot exited the store with the cash and cartons of cigarettes, and Talbot and Houston then left the scene. They later split up the proceeds acquired in the robbery.

This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services, and the Division of Criminal Investigation. Assistant U.S. Attorney Jay Miller prosecuted the case.

Talbot and Houston were 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 has been indicted by a federal grand jury for Assaulting, Resisting, Opposing, and Impeding a Federal Officer.

Thomas James Shan Looking Horse, a/k/a TJ. Shan Looking Horse, age 31, was indicted on January 19, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 31, 2017, and 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 $200 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on December 19, 2016, Looking Horse forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with a Police Sergeant and a Correctional Officer from the Cheyenne River Sioux Tribe, while they were performing their official duties.

The charges are merely accusations and Looking Horse 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.

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

The Justice Department, in conjunction with the U.S. Postal Inspection Service, announced today that three individuals have been arrested on charges related to their involvement in a scheme to defraud consumers with regard to a medical device that they marketed as a treatment for over 200 different diseases and disorders, and for violating a judicial order that was previously imposed after this scheme was originally uncovered.

Over the weekend, U.S. Postal Inspectors arrested Rapid City, South Dakota residents Robert “Larry” Lytle, 81, and Fredretta L. Eason, 76, and Canada resident Irina Kossovskaia, 62, after the three were indicted by a federal grand jury in Rapid City, South Dakota. Lytle and Kossovskaia are charged with mail fraud, wire fraud, conspiracy, contempt, and obstruction of government proceedings. Eason is charged with criminal contempt. A fourth individual, Ronald D. Weir, 38, also of Rapid City, agreed to plead guilty on Monday to related conspiracy charges contained in a separate criminal information that was filed with the U.S. District Court for the District of South Dakota. These charges follow a separate civil enforcement action brought by the United States against Lytle and his QLaser businesses in late 2014.

As alleged in the charging documents and in filings from a prior civil case, Lytle, Kossovskaia, and Weir marketed and distributed “QLasers,” a collection of hand-held light-emitting devices that they falsely claimed could safely and effectively treat a panoply of medical conditions at home, including cancer, cardiac arrest, HIV, diabetes, and even Lou Gherig’s disease. The use of the QLaser to treat such serious conditions is unsupported by any published clinical, scientific studies, and not approved by the U.S. Food and Drug Administration (FDA). The defendants sold the devices alone and in combination packages mostly to elderly consumers for prices that ranged from approximately $4,000 to $13,000. To convince consumers of their claim that the device was able to “help almost every health problem ever experienced by a human being,” promotional material for the QLaser referred to the device’s inventor as “Dr. Larry Lytle, D.D.S., Ph.D.” to create the false impression that he was especially knowledgeable, scientifically competent, credible and authoritative. In reality, Lytle’s license to practice dentistry was permanently revoked for engaging in fraud and material deception and his claimed “Ph.D.” in “nutrition” is not legitimate.

In 2015, during the civil case against Lytle, the federal court concluded that the QLaser’s labeling was not only false and misleading, but also that using the device could actually be dangerous when used as Lytle directed. As a result, the court ordered Lytle and anyone acting in concert and participation with him to cease distributing the devices. The defendants’ disobedience of the court’s orders is the basis of the criminal contempt charges contained in the indictment. In addition to criminal contempt, mail fraud, and wire fraud, the grand jury also charged Lytle with obstruction of the FDA by making false statements and providing false documents during the agency’s inspections of his QLaser business.

In accordance with a plea agreement with Weir, the government charged him in a criminal information with one count of conspiracy to introduce misbranded medical devices into interstate commerce with the intent to defraud and mislead. The information accuses Weir of conspiring with Lytle and others to market and distribute QLasers through a company called “Laser Wellness.”

“As the indictment alleges, these individuals targeted vulnerable citizens for years, preying on weaknesses brought about by chronic illnesses and fear of death—all to enrich themselves, and even where the scheme entailed violating a direct court order to stop,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “This prosecution further demonstrates the Department’s ongoing commitment to protecting older Americans from fraud and abuse.”

“This indictment represents the government’s commitment to protecting consumers from unethical and predatory businesses,” said U.S. Attorney Randolph J. Seiler of the District of South Dakota. “In cases like this, prosecutorial measures are the only recourse when a business repeatedly demonstrates blatant disregard for the law, and potentially jeopardizes the health and safety of its consumers.”

“The U.S. Postal Inspection Service is committed to ensuring that these types of predatory schemes are investigated aggressively,” said U.S. Postal Inspector in Charge Craig Goldberg of the Denver Division, which covers multiple states including South Dakota. “It is imperative that we continue to protect those vulnerable individuals in our society who unknowingly fall prey to these schemes. We cannot allow fraudsters to utilize the U.S. mail to further their schemes.”

In addition to fines, each count of mail and wire fraud in the indictment carries a statutory maximum sentence of 20 years’ imprisonment. Each of the conspiracy and obstruction counts carries a maximum sentence of five years imprisonment. There is no statutory maximum penalty for criminal contempt.

The criminal investigation has been conducted by the U.S. Postal Inspection Service. The case is being prosecuted by Trial Attorney Ross S. Goldstein of the Justice Department’s Consumer Protection Branch and Assistant U.S. Attorney Ted McBride of the U.S. Attorney’s Office for the District of South Dakota.

The details contained in indictments and informations are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.

For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at http://www.justice.gov/civil/consumer-protection-branch.

WASHINGTON - The Justice Department, in conjunction with the U.S. Postal Inspection Service, announced today that three individuals have been arrested on charges related to their involvement in a scheme to defraud consumers with regard to a medical device that they marketed as a treatment for over 200 different diseases and disorders, and for violating a judicial order that was previously imposed after this scheme was originally uncovered.

Over the weekend, U.S. Postal Inspectors arrested Rapid City, South Dakota residents Robert “Larry” Lytle, 81, and Fredretta L. Eason, 76, and Canada resident Irina Kossovskaia, 62, after the three were indicted by a federal grand jury in Rapid City, South Dakota. Lytle and Kossovskaia are charged with mail fraud, wire fraud, conspiracy, contempt, and obstruction of government proceedings. Eason is charged with criminal contempt. A fourth individual, Ronald D. Weir, 38, also of Rapid City, agreed to plead guilty on Monday to related conspiracy charges contained in a separate criminal information that was filed with the U.S. District Court for the District of South Dakota. These charges follow a separate civil enforcement action brought by the United States against Lytle and his QLaser businesses in late 2014.

As alleged in the charging documents and in filings from a prior civil case, Lytle, Kossovskaia, and Weir marketed and distributed “QLasers,” a collection of hand-held light-emitting devices that they falsely claimed could safely and effectively treat a panoply of medical conditions at home, including cancer, cardiac arrest, HIV, diabetes, and even Lou Gherig’s disease. The use of the QLaser to treat such serious conditions is unsupported by any published clinical, scientific studies, and not approved by the U.S. Food and Drug Administration (FDA). The defendants sold the devices alone and in combination packages mostly to elderly consumers for prices that ranged from approximately $4,000 to $13,000. To convince consumers of their claim that the device was able to “help almost every health problem ever experienced by a human being,” promotional material for the QLaser referred to the device’s inventor as “Dr. Larry Lytle, D.D.S., Ph.D.” to create the false impression that he was especially knowledgeable, scientifically competent, credible and authoritative. In reality, Lytle’s license to practice dentistry was permanently revoked for engaging in fraud and material deception and his claimed “Ph.D.” in “nutrition” is not legitimate.

In 2015, during the civil case against Lytle, the federal court concluded that the QLaser’s labeling was not only false and misleading, but also that using the device could actually be dangerous when used as Lytle directed. As a result, the court ordered Lytle and anyone acting in concert and participation with him to cease distributing the devices. The defendants’ disobedience of the court’s orders is the basis of the criminal contempt charges contained in the indictment. In addition to criminal contempt, mail fraud, and wire fraud, the grand jury also charged Lytle with obstruction of the FDA by making false statements and providing false documents during the agency’s inspections of his QLaser business.

In accordance with a plea agreement with Weir, the government charged him in a criminal information with one count of conspiracy to introduce misbranded medical devices into interstate commerce with the intent to defraud and mislead. The information accuses Weir of conspiring with Lytle and others to market and distribute QLasers through a company called “Laser Wellness.”

“As the indictment alleges, these individuals targeted vulnerable citizens for years, preying on weaknesses brought about by chronic illnesses and fear of death—all to enrich themselves, and even where the scheme entailed violating a direct court order to stop,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “This prosecution further demonstrates the Department’s ongoing commitment to protecting older Americans from fraud and abuse.”

“This indictment represents the government’s commitment to protecting consumers from unethical and predatory businesses,” said U.S. Attorney Randolph J. Seiler of the District of South Dakota. “In cases like this, prosecutorial measures are the only recourse when a business repeatedly demonstrates blatant disregard for the law, and potentially jeopardizes the health and safety of its consumers.”

“The U.S. Postal Inspection Service is committed to ensuring that these types of predatory schemes are investigated aggressively,” said U.S. Postal Inspector in Charge Craig Goldberg of the Denver Division, which covers multiple states including South Dakota. “It is imperative that we continue to protect those vulnerable individuals in our society who unknowingly fall prey to these schemes. We cannot allow fraudsters to utilize the U.S. mail to further their schemes.”

In addition to fines, each count of mail and wire fraud in the indictment carries a statutory maximum sentence of 20 years’ imprisonment. Each of the conspiracy and obstruction counts carries a maximum sentence of five years imprisonment. There is no statutory maximum penalty for criminal contempt.

The criminal investigation has been conducted by the U.S. Postal Inspection Service. The case is being prosecuted by Trial Attorney Ross S. Goldstein of the Justice Department’s Consumer Protection Branch and Assistant U.S. Attorney Ted McBride of the U.S. Attorney’s Office for the District of South Dakota.

The details contained in indictments and informations are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.

For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at http://www.justice.gov/civil/consumer-protection-branch.

NOTE: Relevant court documents are available at the following links: Indictment, Weir Criminal Information, Weir Plea Agreement and Weir Factual Basis Statement.

United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on January 31, 2017, by U.S. District Judge Roberto A. Lange.

Ennors Quick Bear, age 28, was sentenced to 15 months in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Quick Bear was indicted by a federal grand jury on October 12, 2016. He pled guilty on November 14, 2016.

Quick Bear was convicted of Sexual Abuse of a Minor in federal court in September 2012. As a result of this conviction, he is required to register as a sex offender and to update his registration within three business days of relocating or changing employment. In June 2016, Bear registered with an address in St. Francis. On August 9, 2016, Bear moved to a different address in St. Francis, but did not update his registration. Bear was on federal supervised release at the time and a warrant was issued for his arrest. On September 15, 2016, Bear was arrested at a house in St. Francis without incident. Bear did not update his sex offender registration between August 12, 2016, and September 15, 2016, as required by law.

This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson prosecuted the case.

Quick Bear 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 Assaulting, Opposing, Resisting, and Impeding a Federal Officer was sentenced on January 30, 2017, by U.S. District Judge Roberto A. Lange.

Richard One Feather, age 47, was sentenced to 8 months in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

One Feather was indicted by a federal grand jury on April 13, 2016. He pled guilty on November 8, 2016.

The conviction stemmed from an incident that occurred on March 29, 2016. A Rosebud Sioux Tribe Law Enforcement Services Officer observed One Feather’s speeding and swerving. The officer pursued One Feather to a house in the Soldier Creek Community. One Feather was visibly intoxicated when he exited the vehicle, and refused to comply with the officer’s commands. He then began to actively resist arrest and kicked the officer in the leg. The officer pepper-sprayed One Feather, placed him on the ground, and handcuffed him.

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

One Feather 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 has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.

Rheta Haskell, a/k/a Rheta Miner, age 37, was indicted on January 19, 2017. She appeared before U.S. Magistrate Judge Mark A. Moreno on January 30, 2017, and 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 $200 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on October 8, 2016, Haskell unlawfully assaulted a female who suffered serious bodily injury.

The charges are merely accusations and Haskell 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.

Haskell was released on bond pending trial, which has been set for April 4, 2017.

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury for Theft from Indian Tribal Organization.

Shanon LeCompte, a/k/a Shanon Morgan, age 41, was indicted on January 19, 2017. She appeared before U.S. Magistrate Judge Mark A. Moreno on January 24, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that between May 31, 2016, and October 22, 2016, LeCompte willfully and knowingly stole, embezzled and converted to her own use money and funds belonging to an Indian Tribal Organization, the Lakota Thrift Mart, in an amount greater than $1,000.

The charge is merely an accusation and LeCompte 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.

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

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United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man convicted of Transportation for Prostitution was sentenced on January 23, 2017 by U.S. District Judge Karen E. Schreier.

Eric Sims, age 47, was sentenced to 21 months in custody, with 5 years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.

Sims was indicted for Sex Trafficking Conspiracy by a federal grand jury on October 6, 2015. He pled guilty to Transportation for Prostitution on October 20, 2016.

Sims aided and abetted individuals engaging in acts of prostitution in Sioux Falls by providing them a place to stay while they pursued prostitution activities. Co-defendant Michael Dickey transported a female from Minnesota to South Dakota for the purpose of engaging in prostitution. Dickey posted advertisements on Backpage.com and received some of the proceeds from the commercial sex acts. Dickey was sentenced on August 29, 2016, to 30 months of incarceration for his participation in the prostitution activity.

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

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

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Possession of an Unregistered Firearm.

Mason Hamm, 20, was indicted on December 20, 2016, and appeared before U.S. Magistrate Judge Daneta Wollmann on January 20, 2017. He pleaded not guilty to the charge.

The penalty upon conviction is up to 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 Hamm unlawfully possessing a firearm suppressor, also known as a silencer. The charge is merely an accusation and Hamm is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives, and South Dakota Game, Fish, and Parks. Assistant U.S. Attorney Ben Patterson is prosecuting the case.

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

United States Attorney Randolph J. Seiler announced that a Pukwana, South Dakota, man has been indicted by a federal grand jury for Operating a Motor Vehicle Under the Influence of Alcohol Causing Serious Bodily Injury to a Minor.

Wesley Paul Miller, age 40, was indicted on January 19, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 23, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is not more than 5 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 July 5, 2016, Miller, while being in actual physical control of a vehicle and under the influence of an alcoholic beverage, drove over a minor child, causing serious bodily injury.

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

The investigation is being conducted by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.

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

United States Attorney Randolph J. Seiler announced that a Mitchell, South Dakota, man convicted of Abusive Sexual Contact was sentenced on January 23, 2017, by U.S. District Judge Karen E. Schreier.

Brent Allen Silk, Jr., age 26, was sentenced to 36 months in custody, followed by 5 years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.

Silk pled guilty to a Superseding Information for Abusive Sexual Contact on October 24, 2016.

On the night of May 12, 2015, Silk and others were drinking at a home just east of Lake Andes, on the Yankton Sioux Reservation. Later in the night, Silk was in a van and had sexual contact with an intoxicated female adult who was incapable of appraising the nature of the conduct.

This case was investigated by the Yankton Sioux Tribe Police Department and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

Silk 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 Sexual Abuse of a Minor was sentenced on January 23, 2017, by U.S. District Judge Roberto A. Lange.

Jeremiah Jay Swalley, age 34, was sentenced to 21 months in custody, 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Swalley was indicted by a federal grand jury on March 22, 2016. He pled guilty to a Superseding Information on October 24, 2016.

The conviction stemmed from an incident that occurred in July 2015, wherein Swalley sexually abused a 12-year-old girl.

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

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

United States Attorney Randolph J. Seiler announced that a Hot Springs, South Dakota, man convicted of Interference with Commerce by Robbery, and Use and Brandishing of a Firearm During the Commission of a Crime of Violence was sentenced on January 20, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Ronald William Swallow, age 51, was sentenced to 10 years of imprisonment, 5 years of supervised release, and ordered to pay a $200 special assessment to the Federal Crime Victims Fund and $27,006.66 in restitution.

Swallow was charged on February 23, 2016. The conviction stems from Swallow robbing at gunpoint employees of three Rapid City casinos; East St. Pat’s Casino, Joker’s Casino, and Uncle Sam’s Casino.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and & Explosives, and the Rapid City Police Department. Assistant U.S. Attorney Ben Patterson prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Cherry Creek, South Dakota, man convicted of Sexual Contact with a Minor was sentenced on January 23, 2017, by U.S. District Judge Roberto A. Lange.

Sylvan Larrabee, age 24, was sentenced to 24 months in custody, 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Larrabee was indicted by a federal grand jury on March 25, 2016. He pled guilty on October 24, 2016.

The conviction stems from an incident on May 28, 2015, when the victim went to Larrabee’s residence in Dupree. The two of them had consensual sexual intercourse twice that day. Prior to the consensual sexual intercourse, Larrabee was aware that the victim was only 14 years of age. Some of his friends had warned him about her being too young. The victim’s mother had also confronted Larrabee, asking him to leave her daughter alone.

This case was investigated by the Cheyenne Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. Assistant U.S. Attorney Jay Miller prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that Michael David Rivera, age 29, of Bismarck, North Dakota, appeared before U.S. District Judge Ralph R. Erickson on January 26, 2017, in Fargo, North Dakota, and made his initial appearance, and pled guilty to the Indictment that charged him with Receipt of Images Depicting the Sexual Exploitation of Minors.

The maximum penalty upon conviction is a mandatory minimum of 5 years up to 20 years of imprisonment and/or a $250,000 fine, at least 5 years up to life of supervised release, a $100 special assessment to the federal crime victims fund, and a $5,000 assessment to the domestic trafficking victims’ fund, unless the sentencing court finds the Defendant to be indigent. Restitution may also be ordered.

Rivera was indicted by a North Dakota grand jury on October 6, 2016. The South Dakota U.S. Attorney’s Office, District of South Dakota, is prosecuting the case after the U.S. Attorney’s Office, District of North Dakota, recused itself from the matter.

The charge stems from the following facts:

In June 2016, Bismarck and other North Dakota state and federal law enforcement officers began to learn that Rivera, at the time a Deputy U.S. Marshal who worked at the federal courthouse in Bismarck, had been surreptitiously recording a variety of women, including juveniles, while they were in fitting rooms or in other parts of area stores. Some of the surreptitious recordings captured women and minors in various stages of undress. Officers received search warrants to search Rivera’s Bismarck apartment, his vehicle parked at the federal courthouse in Bismarck, and his person, and to particularly look at any digital or computer media found at those locations. At his apartment, officers seized a computer that was password protected. Rivera was arrested on state charges related to the surreptitious recording of the adult and juvenile females, which are separately pending in district court in the State of North Dakota, County of Burleigh.

Officers searched Rivera’s computer, and found downloaded videos and images, including 36 or more pictures of child pornography and 52 or more videos of child pornography. A review of some of the downloaded videos, as a brief sample, included the sexual abuse of children, including children in the age range of 6 to 11. About 52 child pornography files, including mostly videos, were found in a user directory for "Michael" on Rivera’s computer.

Officers’ searches of the computer also revealed artifacts in bookmarks, cache records, web history, and web visits. Some of those internet artifacts are commonly associated with child pornography and voyeur search artifacts. Internet access logs on the computer indicate some of the materials were received and accessed by Rivera between April 2016 and June 2016, in the District of North Dakota. The internet was used by Rivera to access visual depictions of minors engaging in sexually explicit conduct.

The investigation was conducted by the Department of Homeland Security Homeland Security Investigations, the Bismarck Police Department, and the North Dakota Crime Bureau’s Internet Crimes Against Children Task Force. Assistant U.S. Attorney Tim Maher is prosecuting the case on behalf of the U.S. Attorney General and U.S. Attorney Randolph J. Seiler.

Based upon the request of the parties, Rivera was remanded to the custody of North Dakota state authorities, pending his January 30, 2017 jury trial on state charges. The federal sentencing date has been set for April 18, 2017.

United States Attorney Randolph J. Seiler announced that Daniel Newman, age 24, of Rapid City, South Dakota, was found guilty of 7 counts of Mail Embezzlement and Theft as a result of a federal trial in Rapid City, South Dakota.

The charges carry a maximum penalty of 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund for each count.

The conviction stems from Newman, while employed by the United States Postal Service, embezzling and stealing mail that contained U.S. currency, gift cards, and other items of value, between January 21, 2015, and March 5, 2015, in Rapid City.

This case was investigated by the United States Postal Service. Assistant U.S. Attorney Eric Kelderman prosecuted the case.

A sentencing date will be set. Newman will remain on bond pending sentencing.

United States Attorney Randolph J. Seiler announced that two men from Mission, South Dakota, and a woman from Parmelee, South Dakota, have been indicted by a federal grand jury for Conspiracy to Manufacture and Distribute a Controlled Substance, Possession with Intent to Manufacture and Distribute a Controlled Substance, Distribution of a Controlled Substance, and Possession of a Controlled Substance.

Meddore Maurice Douville, age 45, Jeremy Joseph Douville, age 21, and Teeana Shannon Two Eagle, 24, were indicted on December 20, 2016. They appeared before U.S. Magistrate Court Judge Mark A. Moreno on December 30, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction is 5 years in custody and/or a $250,000 fine, three years of supervised release, forfeiture of U.S. currency seized by law enforcement, and $500 to the Federal Crime Victims Fund. Restitution may also be ordered.

It is alleged that between December 5, 2016, and December 14, 2016, Meddore Douville, Jeremy Douville, and Two Eagle conspired to manufacture and distribute over 46 pounds of marijuana in the District of South Dakota. It is further alleged that on December 5 and 6, 2016, Meddore Douville, Jeremy Douville, and Two Eagle possessed marijuana with the intent to distribute it, and on December 5, 2016, the three actually distributed marijuana.

The charges are merely an accusation and the three defendants are presumed innocent until and unless proven guilty.

The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.

All three defendants are in custody pending trial, which is set for March 7, 2017.

United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance and Possession with Intent to Distribute a Controlled Substance.

Adam Dean Stoneman, age 27, was indicted on December 14, 2016. He appeared before U.S. Magistrate Court Judge Mark A. Moreno on January 5, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is 20 years in custody and/or a $1,000,000 fine, a lifetime of supervised release, $200 to the Federal Crime Victims Fund, and forfeiture of U.S. currency seized by law enforcement. Restitution may also be ordered.

It is alleged that between July 1, 2014, and December 14, 2016, Stoneman conspired to distribute methamphetamine in the District of South Dakota. It is further alleged that on August 17, 2016, in Todd County, Stoneman possessed methamphetamine with the intent to distribute it.

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

The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.

Stoneman is in custody pending trial. Trial is set for March 7, 2017.

United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, Opposing, and Impeding a Federal Officer, and Domestic Assault by an Habitual Offender.

Quentin Provancial, II, age 31, was indicted on December 13, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 29, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction of Assault of a Federal Officer is up to 8 years in custody and/or a $250,000 fine, and 3 years of supervised release. The maximum penalty upon conviction of Domestic Assault by an Habitual Offender is up to 5 years in custody and/or a $250,000 fine, and 3 years of supervised release. A special assessment of $100 to the Federal Crime Victims Fund applies to each charge. Restitution may also be ordered.

The Indictment alleges that on October 15, 2016, Provancial did forcibly assault, resist, oppose, impede, intimidate, and interfere with a law enforcement officer from the Rosebud Sioux Tribe while he was engaged in the performance of his official duties. On that same day, Provancial did unlawfully commit a domestic assault upon an intimate partner, when at the time of the assault he had two final convictions for domestic abuse.

The charges are merely accusations and Provancial 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 Carrie G. Sanderson is prosecuting the case.

Provancial was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for March 7, 2017.