District of North Dakota
Press releases recorded for this federal judicial district.
Minneapolis Man Pleads Guilty to Human Trafficking of a ChildRead the Press Release
FARGO - U. S. Attorney Christopher C. Myers announced that on Jan. 25, 2016, Anthony Lamarr Sims, 21, a.k.a. Mar Mar, Minneapolis, Minn., pled guilty before U. S. District Judge Ralph R. Erickson to one count of Sex Trafficking of Children.
This case came to the attention of law enforcement after a Fargo Police Officer encountered the 15-year-old victim during a traffic stop on January 16, 2015. Following an investigation, it was discovered that Sims brought the victim from Minneapolis to Fargo for the purpose of prostitution. Before he traveled to Fargo on January 15, 2015, Sims directed others to post an advertisement on backpage.com wherein it was advertised that there were women available for commercial sex.
Sentencing has tentatively been set for April 18, 2016, at the U. S. District Court in Fargo. Sims could face a 10-year mandatory-minimum but up to a life sentence, lifetime supervised release, and/or a $250,000 fine.
This case is being investigated by the Fargo Police Department and the Department of Homeland Security - Homeland Security Investigations.
This case is being prosecuted by Assistant U. S. Attorney Jennifer Puhl.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by U.S. Attorneys’ Offices throughout the nation, Project Safe Childhood, in conjunction with Internet Crimes Against Children Task Force (ICAC), help federal, state, and local law enforcement agencies enhance their investigative responses to offenders who use the Internet, online communications systems, or computer technology to sexually exploit children. The ICAC Program is a national network of 61 coordinated task forces engaging in proactive investigations, forensic investigations, and criminal prosecutions. Project Safe Childhood also helps to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Minneapolis Heroin Dealer Found Guilty by Federal JuryRead the Press Release
FARGO - U. S. Attorney Christopher C. Myers announced that on Jan. 8, 2016, Michael Antwain Modisett, 32, aka Moe, from Minneapolis, Minn., was found guilty following a five-day trial for conspiracy to possess with intent to distribute and distribution of heroin.
Beginning in 2012 and continuing through April 2014, Modisette and his associates delivered large amounts of heroin--in excess of 1000 grams--to the Fargo-Moorhead area.
The case was investigated by the Fargo Police Department, Moorhead Police Department, and the Drug Enforcement Agency Task Force.
The case was prosecuted by Assistant U. S. Attorneys Brett Shasky and Jennifer Puhl.
Sentencing for Modisett is set for May 18, 2016, in the U. S. District Court, Fargo.
Grand Forks Man Sentenced for Possession and Receipt of Child PornographyRead the Press Release
FARGO - U. S. Attorney Christopher C. Myers announced that on Dec. 14, 2015, Alan Douglas Eslinger, 44, Grand Forks, North Dakota, was sentenced before U. S. District Judge Ralph R. Erickson to serve 16 years in prison for one count of Receipt of Child Pornography and three counts of Possession of Child Pornography. Judge Erickson also sentenced Eslinger to serve a lifetime of supervised release and pay a $400 special assessment to the Crime Victims Fund.
This case came to the attention of law enforcement after an agent with the North Dakota Bureau of Investigations, assigned to the Internet Crimes Against Children Task Force (ICAC), discovered a computer geographically located in ND that was sharing child pornography in a peer-to-peer (P2P) network. Homeland Security Investigators traced the IP address to an industrial park located in northeast Grand Forks, ND. Working with the network administrator of the industrial park, BCI agents were able to pinpoint the specific location in the industrial park where Eslinger was operating his computer. Based upon this evidence, BCI Special Agents obtained and executed a search warrant for a garage leased by Eslinger in the industrial park. Seized as a result of the search warrant were various electronic media which contained more than 12,000 images and 900 videos of child pornography.
"Child pornography exists as a permanent record of the sexual exploitation of a child, and this victimization continues every time that image is transmitted, downloaded, shared or viewed," said William Lowder, acting special agent in charge of HSI St. Paul. "HSI special agents and our law enforcement partners take special pride in seeking justice on behalf of those children who have been sexually exploited and victimized.”
This was Eslinger’s second conviction for possessing child pornography. In 2007, Eslinger was dishonorably discharged from the Army after he was court martialed for possessing child pornography in 2001.
This case was investigated by the Department of Homeland Security - Homeland Security Investigations, the North Dakota Bureau of Criminal Investigations, the Grand Forks Police Department, and the Grand Forks Sheriff’s Department.
Assistant U. S. Attorney Jennifer Puhl prosecuted the case.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by U.S. Attorneys’ Offices throughout the nation, Project Safe Childhood, in conjunction with Internet Crimes Against Children Task Force (ICAC), help federal, state, and local law enforcement agencies enhance their investigative responses to offenders who use the Internet, online communications systems, or computer technology to sexually exploit children. The ICAC Program is a national network of 61 coordinated task forces engaging in proactive investigations, forensic investigations, and criminal prosecutions. Project Safe Childhood also helps to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Two More Individuals Indicted in “Operation Denial”Read the Press Release
FARGO - U. S. Attorney Christopher C. Myers announced that on Dec. 10, 2015, Ronnie Lee Helms 30, Acworth, Georgia, and Braden James Foley 28, Olympia Wash., have been indicted in the District of North Dakota, charging them with conspiracy to possess with intent to distribute and distribution of a controlled substance and controlled substance analogues resulting in serious bodily injury and death. Both defendants have been arrested and detained, and are being transported to North Dakota to face the Indictment.
The arrests come as part of “Operation Denial,” an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation into the international trafficking of fentanyl and other lethal drugs, which was significantly aided by the national and international coordination led by the multi-agency Special Operations Division (S.O.D.) near Washington, D.C., as part of “Operation Deadly Merchant.” The investigation started in North Dakota on January 3, 2015, with the overdose death of 18-year-old Bailey Henke in Grand Forks.
To date, a total of 12 defendants have been indicted in connection with this investigation. The four related Indictments in this case have identified and alleged 12 victims of the distribution of controlled or analogue controlled substances – of those 12, four victims died and eight were overdoses resulting in serious bodily injury. “This remains a very active national and international investigation,” stated U.S. Attorney Myers. “Our multi-national investigative team is committed to identifying the full scope of harm caused by this international conspiracy. Those individuals responsible, whether in the United States or other countries, will be brought to North Dakota to face charges.”
This case is being investigated by the Department of Homeland Security - Homeland Security Investigations, Drug Enforcement Administration, United States Postal Inspection Service, Grand Forks Narcotics Task Force, Royal Canadian Mounted Police, Portland Oregon Police Bureau – Drugs and Vice Division, Portland HIDTA Interdiction Task Force, Oregon State Police, and the Grand Forks Police Department.
U. S. Attorney Christopher C. Myers, AUSA Scott Schneider, and SAUSA Scott Kerin are prosecuting the cases.
An Indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty.
Fargo Grocery Store Employees Sentenced for Defrauding Food Stamp ProgramRead the Press Release
FARGO - U. S. Attorney Christopher C. Myers announced that on Dec. 3, 2015, Lamia Ali, 48, and Abass Hassan Amedi, 51, both from Fargo, ND, were sentenced before U. S. District Judge Ralph R. Erickson for their roles in defrauding the United States of more than $365,000.
From March 2011 through March 1, 2013, Ali operated Noor Al Huda, a neighborhood grocery store located in Fargo. During this period, Ali and Amedi knowingly conducted fraudulent transactions with Supplemental Nutrition Assistance Program (“SNAP,” a federal government program formerly known as the food stamp program) benefits. SNAP benefits are loaded monthly on to Electronic Benefits Transfer (“EBT”) cards, which work in a manner similar to prepaid credit cards. The SNAP benefits recipients may use the benefits to purchase approved items, such as food. These benefits may not be used to obtain cash.
Over eighteen months, Ali and her co-defendant, Amedi, fraudulently cashed out SNAP benefits loaded on EBT cards, a practice commonly known as “discounting” or “cash-back.” For example, Ali and Amedi would conduct a fraudulent transaction by charging $200 to an EBT card. Noor Al Huda’s bank account would then be reimbursed $200 from the SNAP program. Ali and Amedi would give half of that amount they received from the SNAP program—$100—in cash to the EBT card holder. Ali and Amedi often charged an EBT card for the entire month’s benefit amount in one transaction.
As a result of the conspiracy, Ali and Amedi caused a loss of approximately $365,058.10 to the United States Department of Agriculture. Judge Erickson ordered both defendants to forfeit that amount to the United States, to serve periods of home confinement, to perform community service, and to pay $100 special assessments.
This case was investigated by United States Department of Agriculture-Office of Inspector General (“USDA-OIG”).
Assistant U. S. Attorney Jennifer Puhl prosecuted the case.
Spirit Lake Man Pleads Guilty and is Sentenced for Aggravated Sexual AssaultRead the Press Release
FARGO - U. S. Attorney Christopher C. Myers announced that on Dec. 2, 2015, Alonzo Chico, 48, St. Michael, ND, pleaded guilty to two counts of abusive sexual contact of a minor and was sentenced before U. S. District Judge Ralph R. Erickson to serve 20 years in prison. Judge Erickson also sentenced Chico to serve 10 years supervised release and to pay a $200 special assessment to the Crime Victims’ Fund.
Chico lived in the home of the child-victim’s grandmother on the Spirit Lake Reservation. Sometime between the fall of 2010 and the spring of 2011, Chico touched the child in private areas while the child lay sleeping and was startled awake. On another occasion during this same time frame, Chico grabbed the child by the arm and attempted to have the child touch him in his private area.
This case was investigated by the Federal Bureau of Investigation (FBI).
Assistant U. S. Attorney Janice Morley prosecuted this case.
Missouri Man Sentenced for Possession of Child PornographyRead the Press Release
FARGO - U. S. Attorney Christopher C. Myers announced that on Nov. 30, 2015, Billy Wynn Jr., 32, was sentenced before U. S. District Judge Ralph R. Erickson to serve 14 years in prison for receipt of child pornography. Judge Erickson also sentenced Wynn to serve 20 years supervised release and to pay a $200 special assessment to the Crime Victims’ Fund.
In September 2013, Wynn moved to North Dakota after which it was discovered that he was involved in a child pornography ring which was sharing child pornography via web-based email accounts. Wynn created various email accounts in alias names to access the child pornography and communicate directly with members of the child pornography ring. As part of this investigation, which originated in North Dakota, other individuals, including the administrator of one such web-based account, have been arrested.
This case was investigated by the North Dakota Bureau of Criminal Investigation and Homeland Security Investigations.
Assistant U. S. Attorney Jennifer Puhl prosecuted this case.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys’ Offices, Project Safe Childhood, in conjunction with the Internet Crimes Against Children (ICAC) Task Force help federal, state, and local law enforcement agencies enhance their investigative responses to offenders who use the Internet, online communications systems, and/or computer technology to sexually exploit children. The ICAC program is a national network of 61 coordinated task forces engaging in proactive investigations, forensic investigations, and criminal prosecutions. Project Safe Childhood also helps to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
ND Man Sentenced for Receipt and Possession of Child PornographyRead the Press Release
FARGO - U. S. Attorney Christopher C. Myers announced that on Nov. 24, 2015, Christopher Halligan, 47, Emerado, ND, was sentenced before U. S. District Judge Ralph R Erickson to serve eight years in prison for one count of receipt of materials containing child pornography and three counts of possession of child pornography. Judge Erickson also sentenced Halligan to serve five years of supervised release and pay a $400 special assessment to the Crime Victims Fund. Finally, Halligan was ordered to pay $3000 in restitution to two of the victims depicted in the child pornography.
On Sept. 26, 2014, a ND Bureau of Criminal Investigations Special Agent downloaded child pornography from Halligan’s computer via a peer-to-peer (P2P) network. Law enforcement assigned to the Internet Crimes Against Children Task Force subsequently executed a search warrant on Halligan’s residence in Grand Forks county. A forensic examination of the media eventually revealed more than 28,000 files depicting children engaged in sexually explicit conduct.
This case was investigated by the Department of Homeland security - Homeland Security Investigations and the ND Bureau of Criminal Investigation.
Assistant U. S. Attorney Jennifer Puhl prosecuted the case.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys’ Offices, Project Safe Childhood, in conjunction with the Internet Crimes Against Children (ICAC) Task Force help federal, state, and local law enforcement agencies enhance their investigative responses to offenders who use the Internet, online communications systems, and/or computer technology to sexually exploit children. The ICAC program is a national network of 61 coordinated task forces engaging in proactive investigations, forensic investigations, and criminal prosecutions. Project Safe Childhood also helps to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Jamaican Man Sentenced to Prison for Involvement in International Lottery Fraud SchemeRead the Press Release
BISMARCK – U. S. Attorney Christopher C. Myers announced that on Nov. 24, 2015, a Montego Bay, Jamaica man was sentenced to 20 years in federal prison, and ordered to pay $5,672,561.15 in restitution, after having been convicted at trial in North Dakota on charges of conspiracy to commit wire fraud or mail fraud, conspiracy to commit international money laundering, and 35 counts of wire fraud associated with his participation in the Jamaican lottery fraud.
Sanjay Ashani Williams, 26, was the first Jamaican national tried and convicted in the United States for selling lead lists for use in international cyberfraud. Lead lists consist of the names, telephone numbers, and personal information of potential victims and are sold to lottery scammers. Some lead lists are created by list wholesalers who send out bogus mass mailings purporting to be sweepstakes entries. Consumers, thinking the mailings are legitimate, pay to enter the non-existent sweepstakes. The wholesalers in turn pocket the entry fee then sell the consumers’ contact information to scammers for as much as $5.50 per potential victim.
“The victims who - despite their regret or embarrassment - come forward to tell their stories are heroes,” said U.S. Attorney Christopher C. Myers. “Victims are targeted because their age or personal circumstances make them particularly vulnerable; the resulting harm is financial, psychological, and physical. Until recently, these scammers operated with impunity. We are helping to find them and hold them accountable for their crimes.”
Before getting into the lead list business, Williams personally scammed numerous people, sometimes threatening the safety of his victims and their families. Later, Williams transitioned to selling lead lists, which was more lucrative for him. Williams knowingly sold “lead lists” to co-conspirators Lavrick Willocks and approximately 400 other Jamaican lottery fraud scammers, identifying victim targets for the lottery scammers. These scammers, all of whom were Williams’ co-conspirators, then contacted victims by telephone or mail and falsely told the victims they had won a large sweepstakes prize, such as $3.5 million and a new car. Callers repeatedly instructed victims that in order to claim the prize, the victims had to send money, sometimes thousands of dollars, to the scammers to pay non-existent taxes, fees, insurance and the like. Williams and other scammers deliberately targeted victims over the age of 55. After the victims sent the “fees,” the victims were required to send more and more money; however, the victims did not receive the promised prize.
In this case alone, more than 80 victims of Williams’ conspiracy were identified, with reported losses totaling more than $5.5 million. Individual victims of this conspiracy lost as little as $300 and as much as $850,000 to Williams and his co-conspirators. Nationwide, the number of Jamaican Lottery Fraud victims likely is in the millions, with some estimates of annual losses in excess of $1 billion.
In addition to Williams, 25 other defendants from Jamaica and the United States were charged in the same indictment. Eleven of those defendants have been arrested and pleaded guilty in this case. In separate indictments, four additional co-conspirators have been charged. Of those, two have pleaded guilty and the remaining two are awaiting trial. The investigation is on-going.
Victim after victim in this case testified to the financial devastation and fear caused by the scammers, who frequently threatened victims with violence. Sanjay Williams personally threatened to kill one victim’s sons and rape the victim’s daughters after the victim refused to send additional money. Williams told the victim that he knew where the victim lived. Another victim of the conspiracy was so distraught by her involvement in the scheme that she committed suicide after investigators set up a meeting to speak with her about it.
The lottery scam victims in the United States are not the only victims of Sanjay Williams’ crimes. Top Jamaican law enforcement officials emphasize that lottery scamming has directly led to a dramatic increase in violent crime – including murder, shootings, and extortion - in Jamaica, as rival scammers battle one another over lead lists and profits. Testimony at trial indicated that 1,000 murders in Jamaica can be attributed to scamming activity in the last 10 years. Further, scamming activity creates ripple-effects harming legitimate Jamaican businesses, including tourism and discouraging foreign investment.
The investigation is being conducted by the FBI’s North Dakota office and the U.S. Postal Inspection Service (USPIS) in Florida, with assistance from many other federal and state law enforcement agencies, as well as Jamaican law enforcement.
The case was prosecuted by Assistant U.S. Attorneys Clare Hochhalter, Nick Chase, and James Patrick Thomas, and Trial Attorney Lorinda Laryea of the Department of Justice’s Criminal Division.
Spirit Lake Man Found Guilty of Aggravated Sexual Abuse of a MinorRead the Press Release
FARGO - U. S. Attorney Christopher C. Myers announced that on Oct. 5, 2015, Jay Littlewind Sr., 41, Tokyo, North Dakota, was found guilty of Aggravated Sexual Abuse of a Child following a three-day trial.
The jury found that Littlewind knowingly engaged in a sexual act with a child who had not attained the age of 12 years. Evidence presented at trial showed that on or about January 25, 2008, through February 13, 2008, Littlewind committed a sexual act on the child as she lay sleeping in her mother’s bed; her mother was at work at the time of the offense.
U. S. District Judge Ralph R. Erickson ordered that a presentence investigation be completed and that Littlewind remain in custody. Judge Erickson scheduled a sentencing hearing for Jan. 28, 2016, at the U. S. District Court, Fargo, North Dakota. Littlewind faces a mandatory minimum of not less than 30 years in prison.
This case was investigated by the Federal Bureau of Investigation.
Assistant U. S. Attorney is Janice Morley prosecuting the case.
Three Assistant U. S. Attorneys PromotedRead the Press Release
FARGO- U. S. Attorney Christopher C. Myers announced that on November 1, 2015, three Assistant U. S. Attorneys have been promoted to leadership roles within the U.S. Attorney’s Office.
Keith Reisenauer has been promoted to First Assistant U. S. Attorney (FAUSA) and is a graduate of Mandan High School (1975) and the University of North Dakota (1979). He also attended the University of North Dakota Law School and earned his law degree in 1982.
Reisenauer has been with the United States Attorney’s Office since 1991. He was the Organized Crime and Drug Enforcement Task Force (OCDETF) Coordinator and prosecutor for the District of North Dakota for approximately 12 years and has been the Criminal Supervisor in the Fargo Office since 2008. Prior to becoming an Assistant United States Attorney, Reisenauer was with the Cass County States Attorney’s Office as an Assistant States Attorney from 1983-1991.
Rick Volk has been promoted to Senior Litigation Counsel and is a graduate of Rugby High School (1984) and Valley City State University (1988). He earned his law degree from the University of North Dakota School of Law in 1991.
Volk joined the United States Attorney’s Office in 2002 after over 9 years prosecuting cases at the Burleigh County State’s Attorney’s Office in Bismarck. Throughout his employment with the United States Attorney’s Office, Volk has been assigned to prosecution of violent crime and drug trafficking crimes in Indian country, serving as the primary point of contact for the Fort Berthold Indian Reservation for several years. He also serves as Special Counsel to the United States Attorney for Indian country and is the District Election Officer for the Office. In 2015, Volk was assigned to the Bakken Strike Force and designated to lead the federal prosecution of organized criminal activity in the northwest quadrant of the State of North Dakota and also serves as the supervisor of the Bakken Strike Force attorneys. Volk will continue in his role as the Strike Force supervisor as well as the new duties of Senior Litigation Counsel.
Jennifer Klemetsrud Puhl, a native of Devils Lake, ND, and graduate of the University of North Dakota School of Law, Class of 2000, has been promoted to Criminal Supervisor for the Fargo Office. Puhl has served as the North Dakota Coordinator for Project Safe Childhood (PSC), a Department of Justice initiative aimed at combating the sexual exploitation of children, for the past ten years. As the PSC coordinator, Puhl prosecutes the technology-facilitated sexual exploitation crimes against children to include child prostitution, child pornography, sexual extortion, as well as other child exploitation crimes. She has also worked very hard to obtain restitution for victims of child pornography offenses.
In addition to prosecuting the child exploitation cases, Puhl serves as the Human Trafficking Coordinator for the United States Attorney’s Office. Recently, she partnered with a nongovernmental organization in creating a response team of law enforcement and service providers to address the human trafficking epidemic in North Dakota. The goal of the response team is to rescue human trafficking victims and better investigate and prosecute their traffickers. Prior to joining the United States Attorney’s Office in 2002, Puhl worked in private practice in Minneapolis, Minnesota, and in 2000 she clerked for The Honorable Mary Muehlen Maring at the North Dakota Supreme Court.
Five Individuals Indicted on Federal Drug Charges in Spirit Lake ConspiracyRead the Press Release
FARGO - U. S. Attorney Christopher C. Myers announced on Oct. 29, 2015, that five individuals from Devils Lake and Fort Totten, North Dakota, face charges of Conspiracy to Possess with Intent to Distribute and Distribution of a Controlled Substance:
Nestor Lopez Jr., 26, Devils Lake
Theresa Rose Lopez, 29, Devils Lake
Winterhawk Leonard Oldrock, 37, Fort Totten
Janet Joyce Oldrock, 34, Fort Totten
Fernando Lopez, 19, Devils Lake
The Indictment alleges that beginning around April 1, 2015, the above individuals knowingly and intentionally possessed with intent to distribute and distributed methamphetamine, a Schedule II controlled substance, in Devils Lake as well as within the Spirit Lake Reservation located in North Dakota.
This case was investigated by the Bureau of Indian Affairs - Fort Totten, the Lake Region Narcotics Task Force, and the North Dakota Bureau of Criminal Investigation.
Assistant U. S. Attorney Brett Shasky is prosecuting the case.
An indictment is merely an accusation and the defendants are presumed innocent unless proven guilty.
Spirit Lake Officer Legally Justified in Shooting DeathRead the Press Release
FARGO - U. S. Attorney Christopher C. Myers announced that on Oct. 20, 2015, The Office of the United States Attorney for the District of North Dakota has reviewed all of the investigative reports, interviews, the final autopsy report and photos relating to the shooting of Joseph Charboneau, 31, by Bureau of Indian Affairs Officer Terry Morgan on June 16, 2015, which was investigated by the Federal Bureau of Investigation. This Office has concluded that Officer Morgan was legally justified when he shot and killed Mr. Charboneau.
According to the investigative reports, while officers were searching 7141 Crow Hill Road in Fort Totten, ND, to serve a warrant for another individual in the residence, Charboneau was located in the living room under a blanket and was holding a loaded firearm. Charboneau also grabbed a blow torch during a brief standoff with officers. After refusing to comply with several orders to drop the weapon, the deceased was shot by one of the law enforcement officers, Officer Morgan, at the scene. Charboneau posed a real and immediate threat to not only Officer Morgan, but also to a number of other officers at the scene as well as to another individual within the residence. Officer Morgan, confronted with an individual holding a firearm, at close range, and refusing to comply with orders to drop the weapon, was reasonable in his use of deadly force because Mr. Charboneau posed an immediate and continuing threat to the officers and others. The threat of death was real and had not abated. As Mr. Charboneau posed a significant threat of death or serious injury to the officers and the other individual within the residence, his use of deadly force was legally justified.
Myers Named Interim US AttorneyRead the Press Release
Acting U.S. Attorney Chris Myers Appointed Interim U.S. Attorney for North Dakota by Attorney General of the United States
Fargo North graduate to lead Federal prosecutors in North Dakota. Effective October 9, 2015, the Honorable Loretta Lynch, Attorney General of the United States, appointed Christopher C. Myers Interim United States Attorney for the District of North Dakota pursuant to 28 United States Code Section 546.
Myers is a graduate of Fargo North High School ('87) and North Dakota State University ('92). He earned his law degree and Master of Public Administration from Drake University in 1995.
Myers has been with the U.S. Attorney's office nearly 14 years. Since 2013 he has served as the First Assistant U.S. Attorney until becoming Acting U.S. Attorney on March 13, 2015. Prior to becoming an Assistant U.S. Attorney in 2002, Myers served as the Chief Assistant Clay County Attorney from 1998-2002. He has also served as an Assistant Cass County States Attorney and a Special Agent with the North Dakota Bureau of Criminal Investigation.
Procedurally, after 120 days Chief United States District Judge Ralph Erickson will determine if the appointment should continue. If approved, Myers will serve as U.S. Attorney until the President of the United States nominates a U.S. Attorney for North Dakota and the United States Senate confirms the nominee pursuant to 28 United States Code Section 541.
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Woman Sentenced to Prison for Assisting an Escape from JusticeRead the Press Release
FARGO – Acting U.S. Attorney Christopher C. Myers announced that on September 30, 2015, Rachel Marie Chepulis, 27, Devils Lake, ND, was sentenced before U.S. District Judge Ralph R. Erickson to serve 40 months in prison for obstruction of justice and assisting an escape from custody. Judge Erickson also sentenced Chepulis to three years of supervised release and ordered her to pay a $100 special assessment to the Crime Victims Fund for each charge.
On June 23, 2015, Chepulis pleaded guilty to two counts of a five-count Indictment. On March 13, 2015, Chepulis – a correctional officer at the Lake Region Law Enforcement Center (“LRLEC”) in Devils Lake – assisted inmate Wesley E. Brown (III) escape from the facility. Brown had been incarcerated at LRLEC pending sentencing in federal court for charges of being a felon in possession of a firearm and escape for a 2013 escape from Heart of America Correctional and Treatment Center in Rugby, ND.
The investigation revealed that Chepulis and Brown had planned the escape in advance. Chepulis advised Brown on how to evade security measures at LRLEC to escape from the facility, served as a lookout while Brown escaped, and picked Brown up near the LRLEC to ensure a speedy departure from the region. Chepulis and Brown evaded law enforcement for nearly three weeks before they were apprehended in Coos Bay, Oregon.
The case was investigated by the United States Marshals Service. Assistant United States Attorneys Megan A. Healy and David D. Hagler prosecuted the case.- Minot Man Sentenced for Possession of Child Pornography
Bakken Organized Crime Strike Force' Leads to Indictment of 29 Defendants for Drug Related Offenses in ND and CaliforniaRead the Press Release
BISMARCK - Acting U. S. Attorney Christopher C. Myers, in conjunction with U. S. Attorney Benjamin B. Wagner (Eastern District of California); ND Attorney General Wayne Stenehjem; Special Agent in Charge (SAC) Richard Thornton (Minneapolis FBI), and Chief Greg Williamson, Bakersfield Police Department, announced the indictment of 22 individuals in western North Dakota and 7 defendants in Bakersfield, California.
On June 3, 2015, the "Bakken Organized Crime Strike Force," was formally announced by Acting U.S. Attorney Myers, Attorney General Stenehjem, Organized Crime and Drug Enforcement Task Force (OCDETF) Director Bruce Ohr and Montana U.S. Attorney Mike Cotter. The indictments are a result of ‘Operation Western Edge’, an OCDETF investigation into the trafficking of methamphetamine and heroin from Bakersfield, California to Bakken region.
Acting U.S. Attorney Chris Myers noted: "The Strike Force was designed to work as one unit to identify, target and dismantle criminal organizations working in the Bakken and reach beyond the borders of North Dakota to ensure the entire criminal organization is brought to justice. After only a few months we are seeing the efficiency, strength and extended reach provided by the Strike Force model. The results here are exactly what we hoped for when we designed the Strike Force."
U.S. Attorney Benjamin Wagner remarked: "Cross-jurisdictional cooperation is essential for effective narcotics enforcement. We are grateful to the U.S. Attorney’s Office for the District of North Dakota for its leadership in this case, and to our state and federal law enforcement colleagues in both states for their professionalism and assistance."
Attorney General Wayne Stenehjem stated: "These are the results we can expect with the cooperative efforts as exemplified by the Bakken Strike Force. This investigation involved over two years of diligent efforts by various state, local and federal enforcement agencies, including the Bureau of Criminal Investigation under my authority. I am committed to continuing our joint efforts with the US Attorney’s office and the FBI, not just through the Bakken Strike Force but on other enforcement operations."
SAC Richard Thornton said: "The FBI is committed to the security of the Bakken area of North Dakota. We will continue to aggressively investigate organized crime wherever it may be found. We will work with our law enforcement partners, through the ‘Bakken Organized Crime Strike Force’, to ensure that those who engage in this type of criminal activity pay a high price."
Greg Williamson, Chief of Police, Bakersfield, CA: "The Bakersfield Police Department is proud to have been a part of this investigation. Criminals pay no attention to jurisdictional lines, and when a criminal enterprise crosses several states it can quickly exceed the resources of local agencies. That’s when the capabilities of the federal authorities become invaluable in making a difference in our city’s streets and neighborhoods. We are happy to have had this opportunity to work with our law enforcement partners in North Dakota and the Federal Bureau of Investigation. We are looking forward to assisting the United States Attorney’s office in North Dakota in following through and seeing justice done in this matter."
Defendants Indicted in North Dakota:
Ronnie Ray Taylor, 43, Bakersfield, CA
Terrance Darshay Lynn Peterson, a/k/a Turtle, 42, Minot, ND
Victor Murillo, a/k/a Vic, 32, Bakersfield, CA
Debra Meladore Davis, 49, Minot, ND
Bryan Keith Davis, 48, Minot, ND
Regina Rose Lehman, 43, Minot, ND
Michael John Gietl, 43, (currently in federal custody)
Robert Raymond Althaus, 44, Minot, ND
Peggy Lee St. Claire, 53, Minot, ND
Jade Marie Backman, 33, Minot, ND
Jody Lee Deharty, 25, Minot, ND
Ricky Dean Strahan, 56, Minot, ND
Gerald Wayne Osby Jr., 22, Minot, ND
James Alex Locklear, 27, Minot, ND
Alyssa Jo Schlienz, 21, Minot, ND
Audra Dezzari Harris, 39, Minot, ND
Gilbert Eugene Graim, Jr., 21, Bakersfield, CA
Teoshalashanae M. Songcuan, 24, Bakersfield, CA
Deandre Trayvon Peterson, 24, Minot, ND
Jimmy Dale Price, 42, Minot, ND
Miranda Leigh Grant, 30, Minot, ND
Rodney Lee Jackson, 49, Carson, CA
AUSA Rick Volk is prosecuting these cases for the District of North Dakota.
Defendants Indicted in the Eastern District of California:
Ricardo Cruz Gomez, 23, Bakersfield, CA
Marquiz Demitric Tucker, 44, Bakersfield, CA
Labrea Leshawn Davis, 29, Bakersfield, CA
Robin Lee, 25, Bakersfield, CA
Nina Johnson, 35, Bakersfield, CA
Michael Muniz, 43, Bakersfield, CA
Ruben Valdez, Jr., 37, Bakersfield, CA
AUSA Brian Delaney is prosecuting these cases for the Eastern District of California.
The indictments from both Districts, recently unsealed, are merely accusations and the defendants are presumed innocent unless proven guilty.
The case is being investigated by the Federal Bureau of Investigation, North Dakota Bureau of Criminal Investigation, Bakersfield Police Department, Minot Police Department, Ward County Sheriff’s Office, Ward County Narcotics Task Force, Drug Enforcement Administration, Metro Area Narcotics Task Force, North Dakota Highway Patrol, and United States Border Patrol.
Bakken Organized Crime Strike Force Leads to Indictment of 29 Defendants for Drug-Related Offenses in North Dakota and CaliforniaRead the Press Release
Acting U. S. Attorney Christopher C. Myers of the District of North Dakota, in conjunction with U.S. Attorney Benjamin B. Wagner of the Eastern District of California, Attorney General Wayne Stenehjem of North Dakota, Special Agent in Charge Richard Thornton of the FBI’s Minneapolis Division and Chief Greg Williamson of the Bakersfield Police Department, announced the indictment of 22 individuals in western North Dakota and seven defendants in Bakersfield, California.
On June 3, 2015, the Bakken Organized Crime Strike Force was formally announced by Acting U.S. Attorney Myers, North Dakota Attorney General Stenehjem, Director Bruce Ohr of the Organized Crime and Drug Enforcement Task Force (OCDETF) and U.S. Attorney Mike Cotter of the District of Montana. The indictments are a result of Operation Western Edge, an OCDETF investigation into the trafficking of methamphetamine and heroin from Bakersfield to the Bakken region.
“The strike force was designed to work as one unit to identify, target and dismantle criminal organizations working in the Bakken, and reach beyond the borders of North Dakota to ensure the entire criminal organization is brought to justice,” said Acting U.S. Attorney Myers. “After only a few months we are seeing the efficiency, strength and extended reach provided by the strike force model. The results here are exactly what we hoped for when we designed the strike force.”
“Cross-jurisdictional cooperation is essential for effective narcotics enforcement,” said U.S. Attorney Wagner. “We are grateful to the U.S. Attorney’s Office for the District of North Dakota for its leadership in this case, and to our state and federal law enforcement colleagues in both states for their professionalism and assistance.”
“These are the results we can expect with the cooperative efforts as exemplified by the Bakken Strike Force,” said North Dakota Attorney General Stenehjem. “This investigation involved over two years of diligent efforts by various state, local and federal enforcement agencies, including the Bureau of Criminal Investigation under my authority. I am committed to continuing our joint efforts with the U.S. Attorney’s Office and the FBI, not just through the Bakken Strike Force, but on other enforcement operations.”
“The FBI is committed to the security of the Bakken area of North Dakota,” said Special Agent in Charge Thornton. “We will continue to aggressively investigate organized crime wherever it may be found. We will work with our law enforcement partners, through the Bakken Organized Crime Strike Force, to ensure that those who engage in this type of criminal activity pay a high price.”
“The Bakersfield Police Department is proud to have been a part of this investigation,” said Chief Williamson. “Criminals pay no attention to jurisdictional lines and when a criminal enterprise crosses several states it can quickly exceed the resources of local agencies. That’s when the capabilities of the federal authorities become invaluable in making a difference in our city’s streets and neighborhoods. We are happy to have had this opportunity to work with our law enforcement partners in North Dakota and the FBI. We are looking forward to assisting the U.S. Attorney’s Office in North Dakota in following through and seeing justice done in this matter.”
Defendants indicted in North Dakota:
- Ronnie Ray Taylor, 43, of Bakersfield;
- Terrance Darshay Lynn Peterson, aka Turtle, 42, of Minot, North Dakota;
- Victor Murillo, aka Vic, 32, of Bakersfield;
- Debra Meladore Davis, 49, of Minot;
- Bryan Keith Davis, 48, of Minot;
- Regina Rose Lehman, 43, of Minot;
- Michael John Gietl, 43, in federal custody;
- Robert Raymond Althaus, 44, of Minot;
- Peggy Lee St. Claire, 53, of Minot;
- Jade Marie Backman, 33, of Minot;
- Jody Lee Deharty, 25, of Minot;
- Ricky Dean Strahan, 56, of Minot;
- Gerald Wayne Osby Jr., 22, of Minot;
- James Alex Locklear, 27, of Minot;
- Alyssa Jo Schlienz, 21, of Minot;
- Audra Dezzari Harris, 39, of Minot;
- Gilbert Eugene Graim Jr., 21, of Bakersfield;
- Teoshalashanae M. Songcuan, 24, of Bakersfield;
- Deandre Trayvon Peterson, 24, of Minot;
- Jimmy Dale Price, 42, of Minot;
- Miranda Leigh Grant, 30, of Minot; and
- Rodney Lee Jackson, 49, Carson, California.
Assistant U.S. Attorney Rick Volk is prosecuting these cases for the District of North Dakota.
Defendants Indicted in the Eastern District of California:
- Ricardo Cruz Gomez, 23, of Bakersfield;
- Marquiz Demitric Tucker, 44, of Bakersfield;
- Labrea Leshawn Davis, 29, of Bakersfield;
- Robin Lee, 25, of Bakersfield;
- Nina Johnson, 35, of Bakersfield;
- Michael Muniz, 43, of Bakersfield; and
- Ruben Valdez Jr., 37, of Bakersfield.
Assistant U.S. Attorney Brian Delaney is prosecuting these cases for the Eastern District of California.
The indictments from both districts were recently unsealed and are merely accusations; the defendants are presumed innocent unless proven guilty.
The case is being investigated by the FBI, the North Dakota Bureau of Criminal Investigation, the Bakersfield Police Department, the Minot Police Department, the Ward County, North Dakota, Sheriff’s Office, the Ward County Narcotics Task Force, the Drug Enforcement Administration, the Metro Area Narcotics Task Force, the North Dakota Highway Patrol and the U.S. Border Patrol.
Convictions in Life Sentences for Valentino Bagola Upheld by the Eighth Circuit Court of AppealsRead the Press Release
FARGO - Acting U. S. Attorney Christopher C. Myers has announced that on August 6, 2015, the Eighth Circuit Court of Appeals affirmed the conviction and sentence of Valentino Bagola, 22, of St. Michael, ND. The grand jury indicted Bagola in July 2012, charging him with the deaths of 9-year-old Destiny Shaw and 6-year-old Travis Dubois, Jr., on the Spirit Lake Reservation. After a three-week trial, the jury found Bagola guilty of First-Degree Murder and U. S. District Judge Ralph R. Erickson sentenced Bagola to two life sentences, to be served concurrently. In its ruling, the Eighth Circuit Court of Appeals rejected every legal challenge raised by Bagola and determined that federal prosecutors had presented more than sufficient evidence establishing Bagola’s guilt.
Acting U.S Attorney Chris Myers said: "We are very pleased that the two life sentences given to Valentino Bagola for these horrible crimes were affirmed today by the Eighth Circuit Court of Appeals. The Court’s opinion provides some measure of justice for Destiny and baby Travis, their family, and the Spirit Lake community. Our continued commitment to public safety in Indian country is unwavering. Our skilled appellate team, led by AUSA Nick Chase, expertly drafted the appellate brief and navigated the oral argument with skill and professionalism – both critical to the positive result in this case."
Assistant U. S. Attorneys Clare Hochhalter, Janice Morley, Scott Schneider, and Acting United States Attorney Christopher Myers prosecuted the case; Assistant U. S. Attorney Nicholas Chase presented the appeal argument to the Eighth Circuit.
Fort Yates Man Sentenced for Sexual Abuse of a MinorRead the Press Release
BISMARCK - Acting U. S. Attorney Christopher C. Myers announced that on July 30, 2015, Donald Clark Luger a.k.a. Jody Luger, 64, Fort Yates, ND, was sentenced before U. S. District Judge Ralph R. Erickson to serve 11 ½ years in prison for aggravated sexual assault by force. Judge Erickson also sentenced Luger to five years supervised release and was ordered to pay a $100 special assessment to the Crime Victims Fund.
On Nov. 21, 2014, Luger was found guilty after a four-day jury trial of Aggravated Sexual Abuse by Force. The incident took place in Fort Yates in 1997. Luger sexually assaulted a minor between the age of twelve and sixteen. The victim was the child of an individual with which Luger was engaged in a dating relationship with. During the investigation of the matter several other victims were identified that had been previously assaulted by Luger in a similar fashion, however, due to the statute of limitations the United States was unable to charge Luger for those assaults. Two of the prior victims testified at trial as propensity witnesses.
This case was investigated by the Federal Bureau of Investigation and Bureau of Indian Affairs – Standing Rock Agency.
Assistant U. S. Attorney Gary Delorme prosecuted the case.
Colombian National Charged in North Dakota with Operating a Continuing Criminal Enterprise from Canadian PrisonRead the Press Release
Acting U.S. Attorney Christopher C. Myers for the District of North Dakota announced today that on July 17, 2015, Daniel Vivas Ceron, 34, of Colombia, North Dakota, was taken into custody in Panama City, Panama, in connection with an indictment from the District of North Dakota charging him with conspiracy to distribute controlled substances and controlled substance analogues resulting in serious bodily injury and death, conspiracy to import controlled substances and controlled substance analogues in to the United States resulting in serious bodily injury and death, aiding and abetting the distribution of a controlled substance resulting in death, money laundering conspiracy and continuing criminal enterprise.
Ceron appeared in a Panamanian court on July 20, 2015, and is awaiting extradition to the United States.
The arrest comes as part of “Operation Denial,” an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation into the international trafficking of fentanyl and other lethal drugs and was significantly aided by the national and international coordination led by the Special Operations Division (S.O.D.), which is a multi-agency near Washington D.C., as part of “Operation Deadly Merchant.” The investigation started in North Dakota on Jan. 3, 2015, with the overdose death of Bailey Henke, 18, of Grand Forks, North Dakota.
The indictment alleges Ceron operated a continuing criminal enterprise while imprisoned in Canada that moved fentanyl and other similar substances from Canada and China into the United States and that those drugs resulted in serious bodily injury and death. If convicted, Ceron faces a maximum sentence of life in prison.
“The cooperation of law enforcement in North Dakota, Oregon, Florida and Canada has been exemplary in this case – these agencies worked tirelessly as one unit to target, identify and dismantle this organization in an effort to prevent additional deaths,” said Acting U.S. Attorney Chris Myers. “The fact that in just a few months this law enforcement team has been able to take this investigation from Grand Forks, across the United States and into Canada is a tribute to the dedication of these agents to public safety in both the United States and Canada.”
“The illegal distribution of fentanyl, as the number of drug overdoses tied to this investigation show, has wreaked havoc across the country,” said Acting U.S. Attorney Billy J. Williams for the District of Oregon. “National problems such as this require a coordinated national response – and that is exactly what our offices have done to hold the perpetrators of this destruction accountable.”
Additional defendants charged in federal court as part of this investigation include:
District of North Dakota
- Jameson Robert Sele, 20, Grand Forks, North Dakota, pleaded guilty to conspiracy to distribute controlled substances and was sentenced on July 27, 2015, to 36 months imprisonment.
- Ryan Jon Jensen, 20, Grand Forks, North Dakota, pleaded guilty on Feb. 27, 2015, to conspiracy to distribute controlled substances resulting in serious bodily injury and death; two counts of distribution of a controlled substance resulting in death and distribution of a controlled substance resulting in serious bodily injury and money laundering conspiracy. Currently awaiting sentencing.
- David Todd Noye Jr., 18, Grand Forks, North Dakota, pleaded guilty on May 4, 2015, to conspiracy to distribute controlled substances. Currently awaiting sentencing.
- Joshua Tyler Fulp, 20, Grand Forks, North Dakota, pleaded guilty on June, 23, 2015 to conspiracy to distribute controlled substances resulting in serious bodily injury and death and money laundering conspiracy. Currently awaiting sentencing.
- Kain Daniel Schwandt, 19, Grand Forks, North Dakota pleaded guilty on July 24, 2015, to conspiracy to distribute controlled substances. Currently awaiting sentencing.
- Brandon Corde Hubbard, 40, Portland, Oregon was indicted for conspiracy to distribute controlled substances resulting in serious bodily injury and death, distribution of a controlled substance resulting in death and money laundering conspiracy. Trial is currently set for Sept. 15, 2015.
District of Oregon
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Steven Fairbanks Locke with conspiracy to distribute and possess with intent to distribute a controlled substance.Trial set for Sept. 15, 2015.
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Channing Lacey with conspiracy to distribute a controlled substance resulting in serious bodily injury, distribution of a controlled substance resulting in death and possession of a controlled substance with intent to distribute.Trial set for Sept. 22, 2015.
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Carissa Marie Laprall with three counts of distribution of a controlled substance resulting in serious bodily injury and possession of a controlled substance with the intent to distribute.Trial set for Sept. 22, 2015.
This case is being investigated by Homeland Security Investigations, Drug Enforcement Administration, Grand Forks Narcotics Task Force, Royal Canadian Mounted Police, Portland Police Bureau – Drugs and Vice Division, Portland HIDTA Interdiction Task Force, Oregon State Police, the Grand Forks Police Department and Multnomah County Sheriff's Office.
Acting U.S. Attorney Myers and Assistant U.S. Attorney Scott Schneider are prosecuting the cases in North Dakota; Assistant U.S. Attorney Scott Kerin is prosecuting the cases in the District of Oregon and will be assisting as a Special Assistant U.S Attorney in North Dakota as the investigation moves forward.
An indictment is merely an accusation and the defendants are presumed innocent unless proven guilty.
- Jameson Robert Sele, 20, Grand Forks, North Dakota, pleaded guilty to conspiracy to distribute controlled substances and was sentenced on July 27, 2015, to 36 months imprisonment.
Colombian National Charged in ND with Operating a Continuing Criminal Enterprise from Canadian PrisonRead the Press Release
FARGO - Acting United States Attorney Christopher C. Myers announced today that on July 17, 2015, Daniel Vivas Ceron, 34, of Colombia, was taken into custody in Panama City, Panama in connection with an indictment from the District of North Dakota charging him with: (1) Conspiracy to Distribute Controlled Substances and Controlled Substance Analogues Resulting in Serious Bodily Injury and Death; (2) Conspiracy to Import Controlled Substances and Controlled Substance Analogues in to the United States Resulting in Serious Bodily Injury and Death; (3) Aiding and Abetting the Distribution of a Controlled Substance Resulting in Death (4) Money Laundering Conspiracy and (5) Continuing Criminal Enterprise.
Vivas Ceron appeared in a Panamanian court on July 20th, 2015 and is awaiting extradition to the United States.
The arrest comes as part of “Operation Denial”, an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation into the international trafficking of fentanyl and other lethal drugs and was significantly aided by the national and international coordination lead by the multi-agency Special Operations Division (S.O.D.) near Washington D.C. as part of “Operation Deadly Merchant.” The investigation started in North Dakota on January 3, 2015 with the overdose death in Grand Forks of 18-year-old Bailey Henke.
The indictment alleges Vivas Ceron operated a Continuing Criminal Enterprise while imprisoned in Canada that moved fentanyl and other similar substances from Canada and China into the United States and those drugs resulted in serious bodily injury and death. If convicted, Vivas Ceron faces a maximum of sentence of life in prison.
Acting U.S. Attorney Chris Myers stated: “The cooperation of law enforcement in North Dakota, Oregon, Florida and Canada has been exemplary in this case – these agencies worked tirelessly as one unit to target, identify and dismantle this organization in an effort to prevent additional deaths. The fact that in just a few months this law enforcement team has been able to take this investigation from Grand Forks across the United States and into Canada is a tribute to the dedication of these agents to public safety in both the United States and Canada.”
Acting U.S. Attorney Billy J. Williams, District of Oregon, added: “The illegal distribution of fentanyl, as the number of drug overdoses tied to this investigation show, has wreaked havoc across the country. National problems such as this require a coordinated national response – and that is exactly what our offices have done to hold the perpetrators of this destruction accountable.”
Additional defendants charged in Federal court in this investigation include:
District of North Dakota
1. Jameson Robert Sele, 20, Grand Forks, North Dakota – Plead guilty to Conspiracy to Distribute Controlled Substances and was sentenced on 7/27/15 to 36 months imprisonment.
2. Ryan Jon Jensen, 20, Grand Forks, North Dakota – Plead guilty on 2/27/15 to Conspiracy to Distribute Controlled Substances Resulting in Serious Bodily Injury and Death; Two counts of Distribution of a Controlled Substance Resulting in Death;
Distribution of a Controlled Substance Resulting in Serious Bodily Injury and Money Laundering Conspiracy. Currently awaiting sentencing.
3. David Todd Noye Jr., 18, Grand Forks, North Dakota – Plead guilty on 5/4/15 to Conspiracy to Distribute Controlled Substances. Currently awaiting sentencing.
4. Joshua Tyler Fulp, 20, Grand Forks, North Dakota – Plead guilty on 6/23/15 to Conspiracy to Distribute Controlled Substances Resulting in Serious Bodily Injury and Death and Money Laundering Conspiracy. Currently awaiting sentencing.
5. Kain Daniel Schwandt, 19, Grand Forks, North Dakota - Plead guilty on 7/24/15 to Conspiracy to Distribute Controlled Substances. Currently awaiting sentencing.
6. Brandon Corde Hubbard, 40, Portland, Oregon - Indicted for Conspiracy to Distribute Controlled Substances Resulting in Serious Bodily Injury and Death; Distribution of a Controlled Substance Resulting in Death and Money Laundering Conspiracy. Trial is currently set for September 15, 2015.District of Oregon
1. Steven Fairbanks Locke – Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance. Trial set for September 15, 2015.
2. Channing Lacey – Conspiracy to Distribute a Controlled Substance Resulting in Serious Bodily Injury; Distribution of a Controlled Substance Resulting in Death; Possession of a Controlled Substance with Intent to Distribute. Trial set for September 22, 2015.
3. Carissa Marie Laprall - Three counts of Distribution of a Controlled Substance Resulting in Serious Bodily Injury and Possession of a Controlled Substance with the Intent to Distribute. Trial set for September 22, 2015.This case is being investigated by Homeland Security Investigations, Drug Enforcement Administration, United States Postal Inspection Service, Grand Forks Narcotics Task Force, Royal Canadian Mounted Police, Portland Oregon Police Bureau – Drugs and Vice Division, Portland HIDTA Interdiction Task Force, Oregon State Police, and the Grand Forks Police Department.
Acting United States Attorney Christopher C. Myers and AUSA Scott Schneider are prosecuting the cases in North Dakota. AUSA Scott Kerin is prosecuting the cases in the District of Oregon and will be assisting as a Special Assistant U.S Attorney (SAUSA) in North Dakota as the investigation moves forward.
An indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty.
Oregon Man Sentenced for Child PornographyRead the Press Release
FARGO - Acting U. S. Attorney Christopher C. Myers announced that on July 23, 2015, Steven Cude, 52, Portland, Oregon, was sentenced before U. S. District Judge Ralph R. Erickson to serve 17 ½ years for transportation and possession of child pornography. Judge Erickson also sentenced Cude to a lifetime of supervised release and a $300 special assessment, payable to the Crime Victims Fund. As a result of the conviction, Cude will be required to register as a sex offender following his release from incarceration.
This case came to the attention of law enforcement after a cyber agent with the North Dakota Bureau of Investigations, assigned to the Internet Crimes Against Children Task Force, discovered a computer geographically located in North Dakota that was sharing child pornography in a peer-to-peer (P2P) network.
Homeland Security Investigators eventually traced the computer to Cude’s residence in Dickinson, ND, where task force officers later seized various electronic media. A subsequent forensic examination of the electronic media devices revealed more than 336 images and 169 videos, totaling nearly 15 hours of child pornography. Also recovered from Cude’s devices were various materials reflecting a prurient sexual interest in children, including a tutorial on how to sexually offend children.
"The exploitation of children for sexual gratification is among the most heinous crimes anyone working in law enforcement can encounter," said HSI St. Paul’s Acting Special Agent in Charge, William M. Lowder. "HSI will continue working with our federal, state and local partners to aggressively pursue those criminals who trade in child pornography, and bring them to justice."
This case was investigated by Homeland Security Investigators ICE, Bureau of Criminal Investigations, and the Dickinson Police Department.
Assistant U. S. Attorney Jennifer Puhl prosecuted the case.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys’ Offices, Project Safe Childhood in conjunction with Internet Crimes Against Children Task Force (ICAC) help Federal, State and Local law enforcement agencies enhance their investigative responses to offenders who use the Internet, online communications systems or computer technology to sexually exploit children. The ICAC Program is a national network of 61 coordinated task forces engaging in proactive investigations, forensic investigations and criminal prosecutions. Project safe childhood also helps to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Assistant U. S. Attorney Promoted to Strike Force SupervisorRead the Press Release
FARGO - Acting U. S. Attorney Christopher C. Myers announced that Assistant U. S. Attorney Rick Volk has been promoted to supervisor of the Bakken Strike Force. His role will include the supervision of the Strike Force prosecutors, as well as leading the Bakken Strike Force and its response to organized crime in the Bakken.
Rick joined the USAO in June 2002 after prosecuting cases for over nine years at the Burleigh County State’s Attorney Office in Bismarck. He is a 1988 graduate of Valley City State University and a 1991 graduate from the UND School of Law. Rick has primarily been assigned to prosecute violent crime occurring in Indian country and also served as the point of contact for both the Standing Rock Indian Reservation and the Fort Berthold Indian Reservation.
Acting U.S. Attorney Chris Myers remarked: "Rick is an experienced and skilled trial lawyer and is a leader in law enforcement. He is the perfect choice to lead the Strike Force and our collective response to organized crime in the Bakken at a critical time in the history of Western North Dakota – Rick and his team will make a difference."
Fargo Man Sentenced for Possession and Distribution of Child PornographyRead the Press Release
FARGO – Acting U.S. Attorney Christopher C. Myers announced that on July 9, 2015, Devon Cole Reed, 27, Fargo, North Dakota, was sentenced before U. S. District Judge Ralph R. Erickson to serve 16 years in prison followed by a lifetime of supervised release on two counts of Receiving and Distributing Child Pornography, and three counts of Possession of Child Pornography. Judge Erickson also sentenced Reed to pay $3000 in restitution.
This case came to the attention of law enforcement after the electronic service provider Google notified the National Center for Missing and Exploited Children (NCMEC) that a specific Gmail account contained child pornography. Law enforcement traced the account to Devin Reed, who was residing in Fargo, North Dakota. A search of Reed’s email accounts revealed that he was using them for the purpose of trading child pornography with other users located throughout the country. Law enforcement also recovered various media from Reed’s residence that also contained child pornography.
"HSI has taken a very aggressive stance against those who trade in child pornography in our communities," said acting Special Agent in Charge William Lowder of HSI in St. Paul. "Anyone who would violate the most innocent among us should know that law enforcement at all levels are standing shoulder to shoulder to hunt these predators down to protect those who cannot protect themselves."
The case was investigated by the Department of Homeland Security - Homeland Security Investigations, the North Dakota Bureau of Criminal Investigation, and the Fargo Police Department.
Assistant U. S. Attorney Jennifer Puhl and Assistant U. S. Attorney Keith Reisenauer prosecuted the case.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys’ Offices, Project Safe Childhood, in conjunction with the Internet Crimes Against Children (ICAC) Task Force help federal, state, and local law enforcement agencies enhance their investigative responses to offenders who use the Internet, online communications systems, and/or computer technology to sexually exploit children. The ICAC program is a national network of 61 coordinated task forces engaging in proactive investigations, forensic investigations, and criminal prosecutions. Project Safe Childhood also helps to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Kenmare, ND, Native Sentence for Attempted Sexual Exploitation of a MinorRead the Press Release
BISMARCK - Acting U. S. Attorney Christopher C. Myers announced that on June 25, 2015, Vernon Brekhus, 36, Kenmare, ND, was sentenced before Daniel L. Hovland to serve 45 years in prison for one count of Sexual Exploitation of a Minor, and 20 years in prison for one count of Possession of Materials Involving the Sexual Exploitation of a Minor, with the two terms of confinement to be run concurrent. Judge Hovland further sentenced Brekhus to a lifetime of supervised release and to also pay $1,500 in restitution, in conjunction with a $200 special assessment to the Department of Justice’s Crime Victims’ Fund.
This case came to the attention of law enforcement when a detective working in an undercover capacity came into contact with Brekhus while working online in an area of the Internet known for incest and sexual exploitation of children. Brekhus later contacted the undercover officer to arrange a Skype video conversation. A search warrant was issued for Brekhus’ residence where a laptop computer, a personal computer, thumb drives, as well as other electronic devices were seized. Upon forensic examination and analysis of the electronic devices indicated, there were 793 pictures and 16 videos containing child pornography.
Judge Hovland also directed that Brekhus must register as a sex offender for the rest of his life.
This case was investigated by the Federal Bureau of Investigation (FBI) and the North Dakota Bureau of Criminal Investigations (BCI) - Internet Crimes Against Children (ICAC) Task Force.
Assistant U. S. Attorney Jennifer Puhl and Assistant U. S. Attorney Gary Delorme prosecuted the case.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by U.S. Attorneys’ Offices throughout the nation, Project Safe Childhood, in conjunction with Internet Crimes Against Children (ICAC) Task Force, help federal, state, and local law enforcement agencies enhance their investigative responses to offenders who use the Internet, online communications systems, or computer technology to sexually exploit children. The ICAC program is a national network of 61 coordinated task forces engaging in proactive investigations, forensic investigations, and criminal prosecutions. Project Safe Childhood also helps to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Grand Forks Man Pleads Guilty to Possession and Receipt of Child PornographyRead the Press Release
FARGO - Acting U. S. Attorney Christopher C. Myers announced that on June 24, 2015, Alan Douglas Eslinger, 44, Grand Forks, North Dakota, pleaded guilty before U. S. District Judge Ralph R. Erickson to one count of Receipt of Child Pornography and three counts of Possession of Child Pornography.
This case came to the attention of law enforcement after an agent with the North Dakota Bureau of Investigations, assigned to the Internet Crimes Against Children Task Force (ICAC), discovered a computer geographically located in ND that was sharing child pornography in a peer-to-peer (P2P) network. Homeland Security Investigators traced the IP address to an industrial park located in northeast Grand Forks, ND. Working with the network administrator of the industrial park, BCI agents were able to pinpoint the specific location in the industrial park where Eslinger was operating his computer. Based upon this evidence, BCI Special Agents obtained and executed a search warrant for a garage leased by Eslinger in the industrial park. Seized as a result of the search warrant were various electronic media which contained visual depictions of child pornography.
"Crimes against children will not be tolerated,” said acting Special Agent in Charge William M. Lowder of Homeland Security Investigations (HSI), located in St. Paul, MN. “HSI will continue to work closely with our local and federal law enforcement partners to investigate those who sexually exploit our young people and ensure that these predators feel the full weight of the law.”
The maximum combined penalties for the charges is 80 years in prison, with a minimum of 5 years in count one. Chief Judge Erickson has set a sentencing hearing for September 17, 2015.
This case was investigated by the Department of Homeland Security - Homeland Security Investigations, and the North Dakota Bureau of Criminal Investigations.
Assistant U. S. Attorney Jennifer Puhl is the prosecutor assigned to the case.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by U.S. Attorneys’ Offices throughout the nation, Project Safe Childhood, in conjunction with Internet Crimes Against Children Task Force (ICAC), help federal, state, and local law enforcement agencies enhance their investigative responses to offenders who use the Internet, online communications systems, or computer technology to sexually exploit children. The ICAC Program is a national network of 61 coordinated task forces engaging in proactive investigations, forensic investigations, and criminal prosecutions. Project Safe Childhood also helps to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Fargo Man Pleads Guilty to Production of Child PornographyRead the Press Release
FARGO - Acting U. S. Attorney Christopher C. Myers announced that on June 24, 2015, Dewayne William Barth II, 30, Fargo, North Dakota, pled guilty before U. S. District Judge Ralph R. Erickson to one count each of Production of Child Pornography, Receipt and Distribution of Child Pornography, and Possession of Child Pornography.
This case came to the attention of law enforcement after Homeland Security Investigation Special Agents arrested an individual for production and possession of child pornography in Gatling, Tennessee. A forensic examination of the computer in Tennessee revealed that the individual was sharing child pornography with multiple persons, including Barth. Specifically, Barth produced and distributed images depicting a 3-year-old child engaged in sexually explicit conduct.
A Special Agent with the Homeland Security Investigations obtained and executed a search warrant for Barth’s email account which revealed that Barth was receiving and distributing child pornography via a yahoo email account from May 2014, continuing through October 2014. Internet Crimes Against Children (ICAC) task force members also executed a search warrant at Barth’s residence where law enforcement recovered multiple electronic devices collectively containing more than 11,000 files of child pornography. Sentencing for Barth has been tentatively set for September 16, 2015. The combined maximum penalties on the charges for which Barth pled guilty to is 60 years in prison, with a combined minimum penalty of 20 years.
This case was investigated by the Department of Homeland Security - Homeland Security Investigations, the North Dakota Bureau of Criminal Investigations, and the Fargo Police Department.
Assistant U. S. Attorney Jennifer Puhl is the prosecutor assigned to the case.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by U.S. Attorneys’ Offices throughout the nation, Project Safe Childhood, in conjunction with Internet Crimes Against Children Task Force (ICAC), help federal, state, and local law enforcement agencies enhance their investigative responses to offenders who use the Internet, online communications systems, or computer technology to sexually exploit children. The ICAC Program is a national network of 61 coordinated task forces engaging in proactive investigations, forensic investigations, and criminal prosecutions. Project Safe Childhood also helps to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Fargo Grocery Store Employees Plead Guilty to Defrauding Food Stamp ProgramRead the Press Release
FARGO - Acting U. S. Attorney Christopher C. Myers announced that on June 23, 2015, Lamia Ali, 46, and Abass Hassan Amedi, 50, both from Fargo, ND, pleaded guilty before U. S. District Judge Ralph R. Erickson to conspiracy to commit food stamp fraud.
From March 2011 through March 1, 2013, Ali and Amedi knowingly engaged in fraudulent transactions and purchases with Food and Nutrition Service Program (a federal government program formerly known as Food Stamp Fraud) recipients in order to obtain the monetary value of their SNAP benefits in exchange for cash in amounts less than the face value of the SNAP benefits. Ali operated Noor Al Huda, a neighborhood grocery store located in Fargo. Ali and the co-defendant, Amedi, would allow SNAP recipients to use their Electronic Benefits Transfer (EBT) cards in exchange for cash at the grocery store, a practice commonly known as “discounting” or “cash-back.” As a result of the conspiracy, Ali and Amedi caused a loss of approximately $365,058.10 to the United States Department of Agriculture. Ali and Amedi could be sentenced up to five years imprisonment, a $250,000 fine, and up to three years supervised release.
Judge Erickson has set a sentencing hearing for September 14, 2015, in U. S. District Court, Fargo, North Dakota
This case was investigated by United States Department of Agriculture-Office of Inspector General (USDA-OIG).
Assistant U. S. Attorney Jennifer Puhl is prosecuting the case.
Acting U. S. Attorney Myers and Attorney General Stenehjim Announced "Bakken Organized Crime Strike Force" in Western North DakotaRead the Press Release
BISMARCK, ND – Acting US Attorney Chris Myers and ND Attorney General Wayne Stenehjem held a joint announcement in Bismarck today, to announce the formation of the “Bakken Organized Crime Strike Force.”
The key component of the Strike Force is the focused and coordinated mission of identifying, targeting and dismantling all types of organized crime in the Bakken including human trafficking, drug and weapons trafficking, and white collar crimes. The Strike Force follows the 2013 creation of Project Safe Bakken, a collaborative la enforcement program in North Dakota and Montana that joins federal, state and tribal law enforcement in the fight against criminal activity in the Bakken.
“The Strike Force will have the capability of not only dismantling local criminal organizations in the Bakken, but also to take out the national and international components of these organizations wherever they may be located,” said Acting ND US Attorney Chris Myers. “The strike force will take a regional approach to a regional problem, coordinating with Montana law enforcement. We value the strong partnerships already developed with Montana US Attorney Mike Cotter and Montana Attorney General Tim Fox in this fight,” he continued.
“In response to the serious increase in the level of organized criminal activity in western North Dakota, local, state and federal agencies have allocated resources for critical new law enforcement. All of this makes it possible to send a message that law enforcement is doubly dedicated to bringing lawbreakers to justice. This effort will assure citizens that we will always protect our residents, and tells criminals that they do not want to do business in North Dakota,” said Stenehjem.
Bruce Ohr, director of the US DOJ Organized Crime Drug Enforcement Task Force (OCDETF) program said he “fully supports the efforts being made in North Dakota and Montana to bring law enforcement agencies and prosecutors together to address the crime problems arising from the oil boom in the Bakken.” OCDETF is a nationwide program that funds agents, prosecutors and task forces to identify and dismantle criminal organizations.
Montana US Attorney Cotter said “the Bakken’s criminal impact transcends borders and so should our law enforcement response. The Strike Force is a welcome addition to our existing multi-jurisdictional law enforcement efforts in the region.”
Federal, state and local authorities have mobilized approximately fifty agents and four prosecutors in a concerted effort to attack organized crime. The strike force is comprised of four task forces, each having allocated federal, state and local agents along with a coordinated state-federal prosecutor. The task forces are set up in Bismarck, Dickinson, Minot and Williston, and will coordinate their investigative efforts.
Stenehjem and Myers will hold a joint news conference in Williston this afternoon. The Federal Bureau of Investigation is currently building a new office in Williston with an expected completion date in 2016. Once completed, this office will contain a federally funded Safe Streets task force to enhance the overall Strike Force capabilities.
Bismarck Man Sentenced in Sexual Exploitation of a MinorRead the Press Release
BISMARCK - Acting U. S. Attorney Christopher C. Myers announced that on May 21, 2015, Garron Gonzalez, 38, Bismarck, North Dakota, was sentenced before U. S. District Judge Daniel L. Hovland to serve 25 years in prison for attempted exploitation of a minor. Judge Hovland also sentenced Gonzalez to 20 years supervised release and to pay a $100 special assessment to the Crime Victims Fund. Judge Hovland ordered the sentence to run consecutively with Gonzalez’s current state sentence of imprisonment, which is set to expire in 2015.
In December 2010, HSI-ICE began investigating Gonzalez for probation violation and seized two cellular telephones which revealed Gonzalez had been in contact with several juvenile females through various social media including text messaging. During the investigation, nude images of a 15-year-old female victim were found on Gonzalez’s phone along with sexually explicit in messages.
This case was investigated by Homeland Security Investigation ICE and the Yankton Police Department.
Assistant U. S. Attorney Gary Delorme prosecuted the case.
Grand Forks Man Convicted After Trial in Meth ConspiracyRead the Press Release
FARGO - Acting United States Attorney Christopher C. Myers announced that on May 13, 2015, José Luis Delacruz, 37, aka Joe Delacruz, from Grand Forks, North Dakota, was found guilty following a 2 ½ day trial for Conspiracy to Possess with Intent to Distribute and Distribution of Methamphetamine, as well as Brandishing a Firearm During the Commission of Drug Trafficking.
During the course of the conspiracy, co-conspirators received methamphetamine from Delacruz, which was sold primarily in the Grand Forks area; the conspiracy moved in excess of 500 grams of a mixture containing methamphetamine.
Delacruz was also convicted for his role of pistol-whipping a co-conspirator in Grand Forks whom he believed was cooperating. Delacruz faces up to life imprisonment for the drug charge and a mandatory seven-year consecutive sentence for brandishing the firearm in connection with the conspiracy.
This case was investigated by the Grand Forks Police Department, the Grand Forks Narcotics Task Force, and the Department of Homeland Security - Homeland Security Investigations.
The case was prosecuted by Acting U.S. Attorney Chris Myers, AUSA Megan Healy, and SAUSA Jeremy Ensrud.
Sentencing for Delacruz is set for August 3, 2015, in Fargo.
Jamaican Lottery Fraud Defendant Sanjay Williams Found Guilty of Conspiracy to Commit Fraud and Other ChargesRead the Press Release
BISMARCK – Sanjay Ashani Williams, of Montego Bay, Jamaica, was found guilty on charges of Conspiracy to Commit Wire Fraud or Mail Fraud, Conspiracy to Commit International Money Laundering, and thirty-five counts of Wire Fraud, after a six-and-a-half-day jury trial in federal court, announced Acting U.S. Attorney Christopher C. Myers.
Williams sold "lead lists" to Jamaican Lottery Fraud scammers, providing the scammers with the names, telephone numbers, and personal information of potential victims. Williams’ co-conspirators then contacted victims by telephone or mail and falsely told the victims they had won a large sweepstakes prize, such as $3.5 million and a new Mercedes-Benz automobile. Callers repeatedly instructed victims that in order to claim the prize, the victims had to send money, sometimes thousands of dollars, to the scammers to pay non-existent taxes, fees, insurance, and the like. Williams and other scammers deliberately targeted victims over the age of 55. After the "fees" were paid, the victims were required to send more and more money; however, the victims did not receive the promised prize.
The scammers frequently impersonated trusted institutions such as the Federal Bureau of Investigation, Bank of America, the Internal Revenue Service, and state government agencies. They sometimes mailed official-looking, but fake, documents on letterhead to victims. Scammers also used official-looking email addresses, telephone numbers, and sent bogus checks to victims in order to make the scam more convincing.
Williams is the first person prosecuted and convicted, in either the United States or Jamaica, for selling lead lists to be used in the Jamaican Lottery Fraud. In this case alone, over seventy victims were identified, with reported losses totaling over $5,000,000. Individual victims lost as little as $300 and as much as $800,000 to the scam. Williams was one of the first Jamaican national defendants implicated in the Jamaican Lottery Fraud to have been tried and convicted in the United States. Prior to Williams’ trial, 11 indicted defendants from Jamaica and the United States were arrested and pleaded guilty in this case, and 14 indicted defendants are awaiting arrest and extradition from Jamaica. Three additional co-conspirators were charged in a separate Indictment.
Acting United States Attorney Christopher Myers said, "This case should send the message to fraudsters around the world, ‘If you victimize North Dakota citizens, we can and will find you and bring you to justice.’ It is our hope that this groundbreaking prosecution will open doors for other jurisdictions to prosecute these cases and that the lessons we’ve learned can be used across the country."
Corporal Kevin Watson of the Major Organised Crime and Anti-Corruption Agency (MOCA), Lottery Scam Task Force, in Jamaica, testified at the trial as an expert witness. An official from MOCA in Jamaica emphasized the willingness of Jamaican law enforcement officials to continue to work in partnership with their United States counterparts to fight the ongoing scourge of the lottery fraud, and to assist in the efforts to bring the remaining indicted Jamaican defendants to trial in North Dakota.
Williams faces up to 40 years in prison and millions of dollars in fines, restitution, and criminal forfeiture. The Honorable Daniel L. Hovland has set a sentencing hearing for Williams on August 6, 2015, in United States District Court, Bismarck, ND.
The case was investigated by the North Dakota office of the Federal Bureau of Investigation (FBI) and the United States Postal Inspection Service (USPIS) in Florida, with assistance from many other federal and state law enforcement agencies, as well as Jamaican law enforcement agencies.
Assistant U.S. Attorney Clare Hochhalter, Assistant U. S. Attorney Nick Chase, Assistant U.S. Attorney James Patrick Thomas, and Department of Justice Trial Attorney Lorinda Laryea prosecuted the case.
Jamaican Lottery Fraud Defendant Found Guilty of Conspiracy to Commit Fraud and Other ChargesRead the Press Release
Sanjay Ashani Williams, of Montego Bay, Jamaica, was found guilty on charges of one count of conspiracy to commit wire fraud or mail fraud, one count of conspiracy to commit international money laundering and 45 counts of wire fraud (counts two through 44), after a six-and-a-half-day-jury trial in federal court, announced Acting U.S. Attorney Christopher C. Myers for the District of North Dakota.
Williams sold “lead lists” to Jamaican lottery fraud scammers, providing the scammers with the names, telephone numbers and personal information of potential victims. Williams’ co-conspirators then contacted victims by telephone or mail and falsely told the victims they had won a large sweepstakes prize, such as $3.5 million and a new Mercedes Benz automobile. Callers repeatedly instructed victims that in order to claim the prize, the victims had to send money, sometimes thousands of dollars, to the scammers to pay non-existent taxes, fees, insurance and the like. Williams and other scammers deliberately targeted victims over the age of 55. After the “fees” were paid, the victims were required to send more and more money, however, the prize was fake and the victims did not receive the promised prize.
The scammers frequently impersonated trusted institutions such as the Federal Bureau of Investigation (FBI), Bank of America, the Internal Revenue Service (IRS) and state government agencies. They sometimes mailed official-looking, but fake, documents on letterhead to victims. Scammers also used official-looking email addresses, telephone numbers and sent bogus checks to victims in order to make the scam more convincing.
Williams is the first person prosecuted and convicted, in either the United States or Jamaica, for selling lead lists to be used in the Jamaican lottery fraud. In this case alone, over 70 victims were identified, with reported losses totaling over $5 million. Individual victims lost as much as $800,000 to the scam. Williams was one of the first Jamaican national defendants implicated in the Jamaican lottery fraud to have been tried and convicted in the United States. Prior to Williams’ trial, 11 indicted defendants from Jamaica and the United States were arrested and pleaded guilty in this case and 14 indicted defendants are awaiting arrest and extradition from Jamaica. Three additional co-conspirators were charged in a separate indictment.
“This case should send the message to fraudsters around the world, if you victimize North Dakota citizens, we can and will find you and bring you to justice,” said Acting U.S. Attorney Myers said. “It is our hope that this groundbreaking prosecution will open doors for other jurisdictions to prosecute these cases and that the lessons we’ve learned can be used across the country.”
Williams faces up to 40 years in prison and millions of dollars in fines, restitution and criminal forfeiture. The honorable Daniel L. Hovland has set a sentencing hearing and forfeiture hearings for Williams on Aug. 6, 2015, in U.S. District Court in Bismarck, North Dakota.
The case was investigated by the North Dakota office of the FBI and the U.S. Postal Inspection Service (USPIS) in Florida, with assistance from many other federal and state law enforcement agencies. Corporal Kevin Watson of the Major Organised Crime and Anti-Corruption Agency (MOCA), Lottery Scam Task Force in Jamaica, testified as an expert witness.
Assistant U.S. Attorneys Clare Hochhalter, Nick Chase and Patrick Thomas and Trial Attorney Lorinda Laryea for the Department of Justice prosecuted the case.
Guardians Sentenced for Defrauding Department of AgricultureRead the Press Release
FARGO - Acting U. S. Attorney Christopher C. Myers announced that on April 17, 2015, Tim Koropatnicki, 56, and Delyte Koropatnicki, 55, both from Pingree, North Dakota, were sentenced before U. S. District Judge Ralph R. Erickson. Tim Koropatnicki pled guilty to a felony charge of Unauthorized Use of Benefits and Delyte Koropatnicki pled guilty to a misdemeanor offense of Conversion of Public Money, Property, or Records. Judge Erickson sentenced each to a term of eighteen (18) months of supervised probation, $6639.19 in restitution to be paid joint and several to the United States Department of Agriculture, perform 100 hours of community service, and ordered Tim Koropatnicki to pay $100 and Delyte Koropatnicki to pay $25 in special assessments to the Crime Victims’ Fund. As a special condition of probation, Judge Erickson ordered that neither Tim nor Delyte Koropatnicki may serve in any capacity over financial or personal affairs of any person for the duration of their probation. An exception was made for Delyte Koropatnicki to continue guardianship of persons she has maintained a long-standing (longer than 7 years) fiduciary responsibility.
From March 2013 through about May 2013, Tim and Delyte Koropanicki knowingly converted Supplemental Nutritional Assistance Program (SNAP) benefits, a program of the United States Department of Agriculture, which belonged to a client under their guardianship through their company, DKK Guardianship Service; specifically, Tim Koropatnicki changed the personal pin identification number on the card and he and Delyte Koropatnicki then used the client’s Electronic Benefit Transfer (EBT) card, without the client’s knowledge or consent, to purchase groceries and meat for their personal use.
This case was investigated by the United States Department of Agriculture, Office of Inspector General.
Assistant U. S. Attorney Janice Morley prosecuted the case.
Nebraska Man Sentenced for Distribution of Materials Involving the Sexual Exploitation of MinorsRead the Press Release
Fargo – Acting U.S. Attorney Christopher C. Myers announced that on March 30, 2015, Robert Vangorden, Age 41, Omaha Nebraska, was sentenced before U.S. District Judge Daniel L. Hovland, to serve 17 years and 6 months in prison for distributing materials involving the sexual exploitation of a minor. Judge Hovland also sentenced Vangorden to 10 years of supervised release following his incarceration and ordered him to pay a $100 special assessment to the Crime Victims’ Fund and $5,000 in restitution.
This case was initiated by the Dickinson Police Department and later transferred to the Department of Homeland Security. During the summer of 2013, the Dickinson Police Department conducted an operation to identify child predators online, using a fictitious persona as a 14-year-old girl on various different social network sites. The undercover officer from the Dickinson Police Department began communicating with Vangorden on a social media site known as "Chat Avenue" and later communicated with him via Yahoo Messenger. Vangorden engaged in sexually explicit conversations with the officer’s persona, as well as sending the persona multiple images and videos containing child pornography.
The Department of Homeland Security continued the investigation for a period of two weeks and, during that time period, Vangorden continued communications with the persona and sent additional child pornography images as well as a sexually-explicit webcam video of himself.
The case was investigated by the Department of Homeland Security; Dickinson Police Department; and the North Dakota Bureau of Investigations.
Assistant U.S. Attorney Gary L. Delorme prosecuted the case.
Minot Man Convicted of Possession with Intent to Distribute MethamphetaminesRead the Press Release
BISMARCK – Acting US Attorney Chris C. Myers announced that on March 23, 2015, Daniel Adam Connelly, 30, of Minot, ND, was sentenced before U.S. District Judge Daniel L. Hovland to serve 12 years and 7 months in prison for Possession with Intent to Distribute a Controlled Substance (methamphetamine), to be followed by three years of supervised release. Connelly was also ordered to pay a $100 special assessment to the Crime Victim’s Fund.
In October 2012, law enforcement officials, while investigating drug trafficking in the Minot, ND, area, executed a search warrant at Connelly’s residence where they found approximately 6.5 ounces of methamphetamine, with a street value of $15,000-30,000, in Connelly’s bedroom inside the drawer of a plastic storage container. Law enforcement officials also located a loaded .357 rifle next to the storage container. Other information indicated that Connelly had obtained meth from Arizona and California in order to distribute it in North Dakota.
The case was investigated by the United States Department of Homeland Security, the Ward County Narcotics Task Force, the North Dakota Bureau of Criminal Investigation, and the Minot Police Department.
Assistant U.S. Attorney David Hagler prosecuted the case
Christopher C. Myers Appointed as Acting United States Attorney for the District of North DakotaRead the Press Release
FARGO - The Executive Office of United States Attorneys has selected Christopher C. Myers to serve as Acting United States Attorney pending the confirmation of a presidentially-appointed United States Attorney for the District of North Dakota.
Chris started in the office as an Assistant United States Attorney in 2002 after being hired by former United States Attorney Drew Wrigley and has been a federal prosecutor in the U.S. Attorney's office for nearly thirteen (13) years, spending ten (10) years as the Organized Crime Drug Enforcement Task Force (OCDETF) prosecutor. In the OCDETF role, Chris specialized in identifying, targeting, and dismantling criminal enterprises of national and international scope.
In December of 2013 Chris was promoted to First Assistant United States Attorney by former United States Attorney Tim Purdon and served as second-in-command of the U.S. Attorney's Office.
Prior to joining the U.S. Attorney's Office Chris was the Chief Assistant Clay County Attorney (1998-2002) and an Assistant Cass County States Attorney (1997-1998).
Before becoming a prosecutor, Chris was a Special Agent with the North Dakota Bureau of Criminal Investigation, specializing in narcotics investigations.
Chris is a graduate of Fargo North High School, North Dakota State University, and earned a Masters Degree in Public Administration as well as his law degree from Drake University.
Tribal Implementation of the Violence Against Women ActRead the Press Release
Acting United States Attorney Randolph J. Seiler has announced that a conference regarding Tribal Implementation of the Violence Against Women Act (VAWA) will be held on Tuesday, March 31, 2015. All sessions will be held at the Rushmore Plaza Holiday Inn, located at 505 N. Fifth St. in Rapid City, South Dakota. The one-day conference will run from 8:00 am – 5:00 pm.
The conference is co-sponsored by Acting U.S. Attorney Chris C. Myers, District of North Dakota; Deborah R. Gilg, U.S. Attorney, District of Nebraska; and the University of South Dakota School of Law.
The conference will focus on the implementation of VAWA by tribal entities.
The Violence Against Women Reauthorization Act of 2013 was recently signed into law. Revisions in the law included increased legal protection for Native American women and other victims, emphasized the importance of tribal governments protecting their people, and enhancing the powers of tribal courts.
Featured conference speakers will explain the law as it relates to addressing domestic violence in Indian country, discuss the role of tribal elected leaders in the implementation of VAWA, and provide tribal perspectives and updates on pilot projects authorized under the new law.
Additionally, afternoon breakout sessions will address the topics of building stability in tribal justice programs, incarceration, re-entry, and rehabilitation services, tribal code development, technical assistance, and how to ensure that tribal protection orders and convictions qualify for federal prosecution.
The conference is free and open to the public.
Johnson Brothers Sentenced for Conspiracy to Commit FraudRead the Press Release
Fargo – U.S. Attorney Timothy Q. Purdon announced that on March 9, 2015, Aaron A. Johnson and Derek M. Johnson were sentenced before U.S. District Judge Ralph R. Erickson to serve four years and 18 months respectively for conspiracy to commit fraud in connection with Federal Crop Insurance and Federal Crop Disaster Programs; making false statements to the United States Department of Agriculture, acting through the Risk Management Agency (RMA); and, making false statements to federal law enforcement authorities.
The two brothers farmed potatoes near Northwood, ND from at least as early as 2002 until about January 20, 2010, and thereafter. The guilty verdicts were returned Dec. 11, 2014, at the conclusion of a two week jury trial. The brothers’ scheme involved intentionally destroying and damaging potato crops, in order to obtain federal crop insurance indemnities and federal crop disaster benefits, over a period of years. As part of the scheme, the brothers intentionally poisoned their potato seed during planting. They intentionally destroyed or neglected their growing crops in the field and intentionally destroyed potatoes in storage. The brothers applied concentrated nitrogen fertilizer and septic system products such as Rid-X and Flush to their potato seed prior to planting; they intentionally destroyed their growing potatoes using cultivator equipment; intentionally left potatoes in the field during harvest. They added septic system products such as Rid-X and Flush to water and sprayed it on top of potatoes in storage; purchased and resold unused farm chemicals that were intended to protect the crop but never used; they sprayed water on fields in order to fool neighbors and others into thinking they cared for the crop; they added frozen potatoes to the top of the stored potato pile and used a portable heater to increase warehouse temperatures in order to regulate the rate of potato Soft Rot; they did all of this in advance of filing claims for lost potato production and stored potato crops over a period of years. The brothers and their farming operations received millions of dollars in federal crop insurance indemnities, subsidized crop insurance premiums and federal disaster benefits.
Judge Erickson also sentenced the Johnson brothers to five years supervised release and jointly pay restitution and forfeiture of .$932,000
The case was investigated by the United States Department of Agriculture and the Risk Management Agency
Assistant U.S. Attorney Clare Hochhalter and Assistant U. S. Attorney Nick Chase prosecuted the case.
Minot Man Sentenced for Felon in Possession of AmmunitionRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on March 6, 2015, Jerome Bradley Fletcher, 38, Minot, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a count of possession of ammunition by a convicted felon. Judge Hovland sentenced Fletcher to serve four years and three months in federal prison, to be followed by three years of supervised release. Fletcher was also ordered to pay a $100 special assessment to the Crime Victim’s Fund.
On November 13, 2013, in Minot, North Dakota, Fletcher was stopped for a traffic violation. After stopping the vehicle that he was driving, Fletcher fled on foot. While fleeing, he dropped items which were seized and identified as two gun magazines containing 11 rounds of 9mm ammunition.
Fletcher was prohibited from possessing ammunition by virtue of 11 prior felony convictions, including Oregon convictions for robbery in 1995, felon in possession of a firearm in 2004 and possession of a controlled substance in 2004 and 2006.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Minot Police Department.
Assistant U.S. Attorney David Hagler prosecuted the case.
Settlement of Trespass Claims Against Statoil Oil & Gas LP and Statoil Oil & Gas Services, Inc.Read the Press Release
BISMARCK - U.S. Attorney Timothy Purdon today announced Statoil Oil & Gas LP and Statoil Oil & Gas Services, Inc., of Austin, Texas (collectively "Statoil") have agreed to pay the United States $1,989,560.72 to resolve civil claims against Statoil relating to mineral trespass.
The North Dakota Field Office of the Bureau of Land Management routinely reviews data regarding existing oil wells to assess whether the wells are impacting federally owned minerals. In October 2013 information was developed indicating that an oil well operated by Statoil drilled into unleased federally owned minerals located in McKenzie County, North Dakota. A joint investigation by the United States Department of the Interior’s Office of Inspector General and the Bureau of Land Management's Special Investigations Group confirmed that on or about December 16, 2011 Statoil began drilling a well which later entered into unleased federally owned minerals. The well, designated Jay 24-13 #1H, had been planned by Statoil’s predecessor, Brigham Oil & Gas L.P., and was drilled approximately two weeks after Statoil acquired Brigham Oil & Gas L.P. Statoil later produced and sold federally owned oil and natural gas from the well valued at nearly $2,000,000. Statoil has fully cooperated with the United States in its investigation of this incident.
Under the terms of the settlement, the United States will recover the full value of the federal oil and natural gas.
The case was investigated by Special Agent T. Lynn Gannon, United States Department of the Interior Office of Inspector General, Energy Investigations Unit.
Assistant United States Attorney James Patrick Thomas handled the matter for the United States.
Williston Man Sentenced for Possession of Firearms and Ammunition by a Convicted FelonRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on Feb. 23, 2015, Gabriel Lazaro Garcia-Hernandez, a/k/a Gabriel L. Garcia, 54, Williston, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of possession of firearm and ammunition by a convicted felon and possession of a firearm with an obliterated serial number. Garcia was convicted on October 29, 2014, by a federal jury.
Judge Hovland sentenced Garcia to serve 15 years in federal prison, to be followed by three years of supervised release. Garcia was ordered to pay a $200 special assessment to the Crime Victim’s Fund.
On January 7, 2014, officers with the Northwest Narcotics Task Force executed a search warrant at Garcia-Hernandez’s residence in Williston, N.D. They found a small amount of marijuana, drug paraphernalia, five firearms and over 300 rounds of various brands and calibers of ammunition. One of the firearms, a .22 caliber rifle, had the serial number scratched off to the point it was illegible. The other four firearms were handguns.
Garcia-Hernandez was prohibited from possessing either a firearm or ammunition by virtue of multiple felony convictions, including 1991 New Jersey convictions for aggravated assault and armed robbery, a 1995 Florida conviction for aggravated assault with a deadly weapon, and 2003 Florida convictions for armed robbery and kidnapping.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Northwest Narcotics Task Force, the Williams County Sheriff’s Office, the Williston Police Department and the Federal Bureau of Investigation.
Assistant U.S. Attorney David Hagler prosecuted the case.
Wahpeton Man Sentenced for Producing Child Pornography North Dakota's First Sextortion CaseRead the Press Release
Fargo - U.S. Attorney Timothy Q. Purdon announced that on Feb. 17, 2015, Dustin Coleman, age 22, Wahpeton, N.D., was sentenced before Honorable U. S. District Judge Ralph R. Erickson to serve 32 years’ incarceration for three counts of production of child pornography, two counts of extortion of sexually explicit images and videos from a child by threat of injury and damage to the reputation and three counts of possession of child pornography. Judge Erickson also sentenced Coleman to a lifetime of supervised release and pay an $800 special assessment to the Crime Victims Fund.
Beginning in 2013 and continuing until on about July 2013, Coleman used Kik Messenger and Touch, which are free messaging application for mobile devices, to transmit threatening communications with the intent to extort sexually explicit images and videos from female minors. Coleman used social networking websites such as Facebook to gather information about minor females located throughout the United States. He then used this information to extort the girls into creating sexually explicit images of themselves. On at least one occasion, he lied about already having possessed sexually explicit images of a minor female to extort sexually explicit images from her. Coleman used several different online screen names, including the screen name "debt collector" to both intimidate the minor females and conceal his identity and location when communicating with the minors.
After Coleman received sexually explicit images from minor females, he continued to demand that the victims send him additional and more graphic sexually explicit still images and videos. Coleman would communicate to the minor females that if they did not comply with his demands for additional material, he would injure their reputation by posting the sexually explicit images and videos to their friends and family. In at least one instance, he also threatened to sexually assault a minor female’s prepubescent sister if she did not comply. Coleman continued this pattern of extortion until law enforcement discovered his criminal activity while executing a search warrant for child pornography.
On August 26, 2013, Coleman’s former roommate in Wahpeton, North Dakota reported to the Wahpeton Police Department that she had viewed child pornography depicting a 14-year-old minor with whom she was familiar on Coleman’s electronic media. She took the media to a Wahpeton Police Department officer who obtained a search warrant for the media. This media was eventually forensically examined by a BCI special agent who discovered hundreds of sexually explicit images of young girls that appeared to be self-produced. Through further investigation, the BCI forensic agent was able to recover chats logs from the media which were associated with these sexually explicit images and videos. It was in these chats, that BCI discovered that defendant was extorting many of the girls into creating sexually explicit images and videos. In one instance, BCI recovered a chat log between the defendant and a 13-year-old minor girl who informed Defendant she was going to take her own life so as to avoid having to create additional material. HSI and BCI quickly located this girl who identified herself in the material found on Coleman’s media. The young girl further informed an HSI special agent that Coleman threatened to sexually assault her younger sister if she did not comply with his demands. A further forensic examination of the media also revealed child pornography depicting prepubescent children.
This case was investigated by the North Dakota Internet Crimes Against Children Task Force to include the Wahpeton Police Department, North Dakota Bureau of Criminal Investigations, and Homeland Security Investigations.
The case was prosecuted by Assistant U. S. Attorney Jennifer Puhl.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys’ Offices, Project Safe Childhood in conjunction with Internet Crimes Against Children Task Force (ICAC) help Federal, State and Local law enforcement agencies enhance their investigative responses to offenders who use the Internet, online communications systems or computer technology to sexually exploit children. The ICAC Program is a national network of 61 coordinated task forces engaging in proactive investigations, forensic investigations and criminal prosecutions. Project safe childhood also helps to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
U. S. Attorney Timothy Q. Purdon to Step downRead the Press Release
Purdon’s term as U.S. Attorney highlighted by commitment
to improving public safety in Indian countryBismarck, North Dakota – Timothy Q. Purdon announced today that he will step down as the United States Attorney for the District of North Dakota on March 12, 2015, after serving more than four and a half years in office. Mr. Purdon has informed President Obama and Attorney General Eric Holder of his decision. First Assistant United States Attorney Chris Myers will become Acting United States Attorney for the District of North Dakota on March 13, 2015.
"Serving as United States Attorney for the District of North Dakota is the greatest honor and privilege a lawyer could ever have," United States Attorney Purdon said today. "In reflecting on all we have accomplished over the past four and half years, I am deeply grateful to President Obama and Attorney General Holder for the opportunity they have given me to serve the people of North Dakota. I leave with a deep respect for the skill and dedication of the career prosecutors, attorneys, and staff at the North Dakota United States Attorney’s Office and at the Department to Justice. I am proud of our successes over the past few years, and I am confident they will continue under the skilled leadership of Acting United States Attorney Chris Myers."
"Tim Purdon has been an outstanding United States Attorney, a fierce advocate for the people of North Dakota, and a strong national leader whose efforts to improve public safety in Indian Country have made a profound difference – and touched countless lives," said United States Attorney General Eric Holder. "Throughout his tenure, Tim has distinguished himself as a skilled attorney and a consummate public servant, rising to challenges as diverse as human trafficking, violent crime, drug trafficking, and fraud. His work to forge close partnerships with tribal leaders – and to develop and implement an Anti-Violence Strategy for Indian Country – have provided a model for success, increased federal prosecutions on North Dakota’s reservations, and laid a strong foundation on which future efforts can be built. His exceptional leadership and wise counsel at the national level – advising me and other Justice Department officials as Chair of the Native American Issues Subcommittee – have had an important and enduring impact. And although we are all sorry to see him go, I am proud to join Tim’s dedicated colleagues in thanking him for his exemplary service as United States Attorney, and wishing him all the best as he begins a new chapter in his career."
Mr. Purdon’s signature initiative as U.S. Attorney was the 2011 implementation of the Office’s Anti-Violence Strategy for Indian Country in North Dakota. The Anti-Violence Strategy dedicated much-needed additional resources to the fight to improve public safety on North Dakota’s Indian reservations. The core of the Anti-Violence Strategy involved a creative effort to put Assistant United States Attorneys on the reservations on a regular basis to forge ties with the tribal communities they serve. The Strategy also included new support for crime prevention and reentry programs to complement the U.S. Attorney’s Office’s renewed commitment to the vigorous enforcement of federal laws in reservation communities. Under the Anti-Violence Strategy, prosecutions of federal crimes committed on the reservations in North Dakota have increased markedly since 2009. On June 27, 2011, the editorial page of the Fargo Forum awarded "Prairie Roses" to the U.S. Attorney’s Office for the creation of the Anti-Violence Strategy. The editorial noted that Mr. Purdon was "delivering on [his] pledge" to "increase attention to reservation crime." The Forum wrote that Mr. Purdon "understands that solving entrenched problems must include building trust and relationships in addition to enforcement" and hailed the Anti-Violence Strategy as "a good start." Forum Editorial: Sheriff’s Otters Win Roses, The Forum, June, 27 2011.
U.S. Attorney Purdon also established an annual Tribal Consultation Conference between the Office and the Tribes in North Dakota. On March 16, 2011, the U.S. Attorney’s Office hosted the first such Conference. The editorial page of the Bismarck Tribune wrote that the event "confirmed Purdon’s passion and seriousness about trying to make a difference for those less fortunate, for the voices of so many that have been muted for years" and praised the Conference as "eclips[ing] other outreach efforts" in the recent past.State’s Largest Minority has Huge Impact, Bismarck Tribune, March 20, 2011. To date, four such Conferences have been held, and each has dramatically improved communication between the Office and the Tribes.
"My four and a half years as U.S. Attorney have been in the pursuit of one unbending belief: we can make the reservations in North Dakota safer," United States Attorney Purdon said today. "I have had many, many partners in this effort, but none have been more important to me than the Assistant U.S. Attorney’s and staff in my Office who come to work every day and fight to reach the goal of reducing violent crime on the reservations. These men and women are remarkable public servants, and the reservations are safer today because of their work."
Mr. Purdon’s efforts to improve public safety on American Indian reservations have made him a national leader within the Department of Justice on this issue. In 2013, Mr. Purdon was appointed by Attorney General Eric Holder to serve as the Chair of the Department Of Justice’s Native America Issues Subcommittee ("NAIS"). The NAIS is made up of 30 U.S. Attorneys from across the United States whose Districts contain Indian Country and it is responsible for making policy recommendations to the Attorney General regarding public safety and legal issues that impact tribal communities. In February of 2014, in his capacity as Chair of NAIS, Tim testified before the United States Senate Committee on Indian Affairs on behalf of the Department.
Mr. Purdon’s creative approach to improving public safety in Indian County brought the top leadership of the Department of Justice to North Dakota during his tenure to observe first-hand the steps being taken to improve public safety in Indian Country. Attorney General Eric Holder spoke at the Tribal Consultation Conference in Bismarck in June of 2014. The Justice Department’s second-in-command, Deputy Attorney General James Cole, spoke at the April 2012 Tribal Consultation Conference and visited the Standing Rock Sioux Reservation. Associate Attorney General Tony West, the number three official at Justice, visited North Dakota and spoke with tribal members in both December 2013 and April 2014. In addition, Mr. Purdon hosted a meeting of the NAIS in Bismarck in September 2012, which drew 20 U.S. Attorneys from around the country to North Dakota. In addition to a daylong consultation with tribal leaders form North Dakota and South Dakota, the group attended and was recognized at the United Tribes Technical College Pow Wow.
Mr. Purdon has also led the charge by federal, state, local, and tribal law enforcement to counter the new and violent threat from drug trafficking organizations that have targeted western North Dakota’s Bakken Oil Patch in recent years. "Our hometowns in the Bakken are developing some big city crime problems." U.S. Attorney Purdon said today. "The U.S. Attorney’s Office has led the way in fighting back to preserve our North Dakota way of life and to ensure that our hometowns remain places where people cannot only work, but also raise a family." In a series of meetings and strategy sessions in the spring of 2012, Mr. Purdon and his law enforcement partners planned a robust federal law enforcement response to the growing threats in the Bakken. The execution of this response over the last three years has included securing assignment of a record number of federal agents and prosecutors working in the Bakken region. Mr. Purdon’s leadership and commitment to protecting the citizens of western North Dakota resulted in specific investigation successes such as: Operation Winter’s End on the Fort Berthold Reservation, a joint operation between federal, state, and tribal partners that dismantled a large-scale heroin trafficking ring in the Oil Patch; the dismantling of "The Family," a violent drug trafficking cell in Williston; Operation Pipe Cleaner in Dickinson, a joint operation that took down a large drug trafficking ring in Dickinson, North Dakota; and a more than 150% increase in the number of defendants charged by the U.S. Attorney’s Office in western North Dakota.
Finally, Mr. Purdon has led North Dakota’s response to the growing threat of human trafficking in the state. In late 2013, the U.S. Attorney’s Office—working with state and federal law enforcement partners—executed Operation Vigilant Guardian stings in Williston and Dickinson, North Dakota. The arrests of 14 defendants who had sought to arrange commercial sex with underage girls revealed a previously unknown level of demand for underage commercial sex in western North Dakota. In response, Mr. Purdon has led the Office’s ongoing efforts to address this issue by raising the profile of the human trafficking issue in the law enforcement community, pursuing federal prosecutions of traffickers themselves, arranging training for law enforcement and prosecutors, and assisting in the creation of a state-wide network of victim service providers to support the growing number of victims of human trafficking. "The U.S. Attorney’s Office’s efforts to combat the growing threat of human trafficking in North Dakota are one of my proudest achievements," said Purdon. "The progress we have made since the Operation Vigilant Guardian stings were conducted in November of 2013 is real and substantial. There is always more to do, but we are moving toward a sustainable strategy to fight this horrible crime."
In 2014, Tim was appointed by Attorney General Eric Holder to a seat on the Attorney General’s Advisory Committee ("AGAC"). The AGAC advises the Attorney General on criminal justice matters and serves as the voice of the United States Attorney community in setting Department of Justice policies. The members of the AGAC meet regularly with the Attorney General and other top Department of Justice officials in Washington, DC. "My time on AGAC gave me an opportunity to provide important input into national policy issues faced by Attorney General Holder and the Department of Justice and to highlight North Dakota issues like Indian Country and the increasing organized crime threat in the Bakken Oil Patch at the highest levels of the Department," United States Attorney Purdon observed.
While serving as United States Attorney, Mr. Purdon supervised the office’s most impactful litigation. Notable case during Mr. Purdon’s tenure, in addition to those discussed above, include the prosecution of Valentino Bagola for the murders of two children on the Spirit Lake Reservation; the Operation Stolen Youth investigation into drug trafficking organization that distributed the synthetic drug that lead to two overdose deaths in the Grand Forks, North Dakota area – an investigation which won the Office’s first Department of Justice Organized Crime and Drug Enforcement Task Force National Award; the million dollar international mail fraud prosecution of Adekunle Adetiloye; the first-in-the-nation civil case under Jenna (North)’s Act against Extradition Transport of America, LLC to recoup costs incurred by local governments in the search for an escaped prisoner near Valley City, North Dakota; Operation Prairie Thunder, a coordinated law enforcement response to drug trafficking on the Standing Rock Reservation; the investigation and prosecution of Safe Drinking Water Act violations that occurred at the Halek 5-22 produced water disposal well near Dickinson, North Dakota; the Project Safe Childhood prosecution of Darrien Anderson who had used Facebook to target underage girls in the Red River Valley for sex; and the J-LOT prosecutions of dozens of individuals, from both the Unites States and Jamaica, for their involvement in a Jamaican Lottery Scam that targeted North Dakotans.
In addition to his leadership of the Office and management duties, Purdon also participated directly in numerous criminal cases, including personally briefing and arguing several criminal appeals before the United States Court of Appeals for the Eighth Circuit.
Mr. Purdon was unanimously confirmed by the United States Senate as the 18th United States Attorney for the District of North Dakota on August 5, 2010. He is a graduate of the North Dakota State College of Science, Minnesota State University – Moorhead, and the Hamline University School of Law and has practiced law in North Dakota since 1995.
Following his resignation, Mr. Purdon will return to private practice in Bismarck, North Dakota where he will establish a new North Dakota office for a national law firm.
Fargo Man Pleads Guilty to Possession and Distribution of Child PornographyRead the Press Release
FARGO - U. S. Attorney Timothy Q. Purdon announced that on Feb. 3, 2015, Devon Cole Reed, 27, Fargo, N.D., pleaded guilty before U. S. District Judge Ralph R. Erickson to two counts of receiving and distributing child pornography and three counts of possession of child pornography.
This case came to the attention of law enforcement after the electronic service provider Google notified the National Center for Missing and Exploited Children that a specific Gmail account contained child pornography. Law enforcement traced the account to Devin Reed residing in Fargo, North Dakota. A search warrant of Reed’s email accounts revealed that he was using them for the purpose of trading child pornography with other users located throughout the country. Law enforcement also recovered various media from Reed’s residence which also contained child pornography.
The maximum penalty for Counts One and Two is 40 years’ incarceration and the maximum penalty for Counts Three, Four, and Five is 20 years’ incarceration including a term of supervised release for up to life.
The case was investigated by Homeland Security Investigations, the North Dakota Bureau of Criminal Investigations and the Fargo Police Department.
Assistant U. S. attorney Jennifer Puhl is prosecuting the case.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys’ Offices, Project Safe Childhood in conjunction with Internet Crimes Against Children Task Force (ICAC) help Federal, State and Local law enforcement agencies enhance their investigative responses to offenders who use the Internet, online communications systems or computer technology to sexually exploit children. The ICAC Program is a national network of 61 coordinated task forces engaging in proactive investigations, forensic investigations and criminal prosecutions. Project safe childhood also helps to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.West Fargo Man Sentenced for Child PornographyRead the Press Release
FARGO - U. S. Attorney Timothy Q. Purdon announced that on Feb. 2, 2015, Peter Alan Karl, 52, West Fargo, N.D., was sentenced before U. S. District Judge Ralph R. Erickson to serve six years in prison for the receipt of materials involving the sexual exploitation of minors. Judge Erickson also sentenced Karl to a lifetime period of supervised release following his incarceration and ordered him to pay a $100 special assessment to the Crime Victims Fund.
This case came to the attention of Law Enforcement after it was discovered that the defendant was communicating with individuals who had a sexual interest in children via a website hosted outside the United States. Eventually, Law Enforcement obtained search warrants for Karl’s email accounts and residence where investigators found both electronic and hard-copy images of child pornography depicting prepubescent children.
The case was investigated by Homeland Security Investigations and the North Dakota Bureau of Criminal Investigations and West Fargo Police Department.
Assistant U. S. Attorney Jennifer Puhl prosecuted the case.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys’ Offices, Project Safe Childhood in conjunction with Internet Crimes Against Children Task Force (ICAC) help Federal, State and Local law enforcement agencies enhance their investigative responses to offenders who use the Internet, online communications systems or computer technology to sexually exploit children. The ICAC Program is a national network of 61 coordinated task forces engaging in proactive investigations, forensic investigations and criminal prosecutions. Project safe childhood also helps to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.Omaha Man Sentenced for Drug ConspiracyRead the Press Release
United States Attorney Deborah R. Gilg announced that Juan Carlos Vargas-Garcia was sentenced by Chief United States District Judge Laurie Smith Camp to 135 months incarceration, to be followed by five years of supervised release. Mr. Vargas-Garcia was convicted of conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine. Mr. Vargas-Garcia also agreed to forfeiture of proceeds or facilitating property of the violation, including $11,400 seized from his residence during the investigation.
This case was investigated by Homeland Security Investigations.
Bismarck Businessman Sentenced for Tax EvasionRead the Press Release
BISMARCK - U. S. Attorney Timothy Q. Purdon announced that on Jan. 30, 2015, Youde Li, 42, Bismarck, N.D., was sentenced before U. S. District Judge Daniel L. Hovland to time served and three years’ supervised release on four counts of tax evasion. Judge Hovland also ordered that Li pay $400 to the Crime Victims Fund as well as paying restitution to the IRS.
In March 2012, a search warrant was conducted on Li’s primary residence, the “China Garden” restaurant, and two safe deposit boxes. Bookkeeping records along with cash were discovered at Li’s residence. Li pleaded guilty to 4 counts of Tax Evasion for underreporting income of $961,000 from his Bismarck, N.D., restaurant called: “China Garden”.
U.S. Attorney Purdon stated, “The U. S. Attorney’s office is committed to the enforcement of all federal tax violations, from refund scams to tax evasion schemes, and will continue to aggressively prosecute this category of federal crimes.”
Shea Jones, Special Agent in Charge of the St. Paul Field Office stated, "Today's sentencing of business owner Mr. Youde Li again emphasizes that the Internal Revenue Service and U.S. Attorney’s office will continue their aggressive pursuit of those who would attempt to defraud America's tax system. Our system of taxation depends on everybody paying their fair share.”
Agents for the IRS were able to locate a set of books kept by the defendant which accounted for the illegal cash as well as a set of “cooked” books which attempted to falsely reflect that no cash had been skimmed from the business by Li. Also, Li failed to report any of the income on his 1040 personal tax returns.
This case was investigated by Internal Revenue Service.
Assistant U. S. attorney Cameron Hayden prosecuted the case.
Bismarck Man Sentenced for Bank RobberyRead the Press Release
BISMARCK - U.S. Attorney Timothy Q. Purdon announced that on January 26, 2015, Sean Michael Nichols, 38, of Bismarck, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of bank robbery. Nichols pleaded guilty to the charge on September 23, 2014.
Judge Hovland sentenced Nichols to 12 years and seven months in federal prison, to be followed by three years of supervised release. Nichols was ordered to pay a $100 special assessment to the Crime Victim’s Fund and restitution to Dakota Community Bank.
On May 6, 2014, at approximately 11:30 a.m., Nichols entered Dakota Community Bank, 1727 State St., Bismarck, North Dakota and demanded money and left the bank with money. No weapon was possessed or used. Police were able to develop Nichols as a suspect based upon witness information who saw an individual pass through a yard in the area and informed law enforcement officials that the person got into a certain type of vehicle. Nichols was located and arrested later that day and was found to be in possession of a portion of the stolen money.
The case was investigated by the Bismarck Police Department and the Federal Bureau of Investigation.
Assistant U.S. Attorney David Hagler prosecuted the case.