District of North Dakota
Press releases recorded for this federal judicial district.
Cannonball N.D. Man Sentenced on Two Counts of AssaultRead the Press Release
BISMARCK - U. S. Attorney Timothy Q. Purdon announced that on Jan. 20, 2015, Ryan Maurice Thunderhawk, 24, Cannonball, N.D., was sentenced before U. S. District Judge Daniel L. Hovland to serve six years in prison for assault with a dangerous weapon and assault resulting in serious bodily injury. Thunderhawk was also ordered to serve three years supervised release and pay a $200 special assessment to the Crime Victims Fund.
On July 6, 2014, assaulted an adult female with the intent to do bodily harm, and which resulted in serious bodily injury. Thunderhawk was in a relationship with the female victim at the time of the incident which occurred on the Standing Rock Indian Reservation.
This case was investigated by Bureau of Indian Affairs -Standing Rock Agency
Assistant U. S. Attorney Gary Delorme prosecuted the case.
Nevada Man Sentenced for Possession of Sexual Material Involving a MinorRead the Press Release
BISMARCK - U. S. Attorney Timothy Q. Purdon announced that on Jan. 16 2015, Johnathan Edward Holiday, 40, Reno, Nevada, was sentenced before U. S. District Judge Daniel L Hovland to serve five years in prison for possession of materials involving the sexual exploitation of minors.
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, 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 Holiday where they seized a laptop, two hard drives, and a Kindel Tablet. On about Jan. 20, 2014, Holiday knowingly possessed in excess of 600 images depicting prepubescent minor’s on various media devices including his laptop computer.
Judge Hovland also ordered that Holiday serve five years of supervised release and pay a $100 special assessment to the Crime Victims Fund.
The case was investigated by Homeland Security Investigations and the North Dakota Bureau of Criminal Investigations.
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 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.
Williston Man Sentenced on Two Counts of Possession of a Firearm and AmmunitionRead the Press Release
BISMARCK - U. S. Attorney Timothy Q. Purdon announced that on Jan. 12, 2015, Ronald Keith Edwards Gibbons, 28, Williston, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on two counts of possession of firearm and ammunition by a convicted felon. Judge Hovland sentenced Gibbons to serve seven years and six months in federal prison, to be followed by three years of supervised release on each count to be served concurrently. Gibbons was ordered to pay a $200 special assessment to the Crime Victim’s Fund.
On April 15, 2014, in Williston, North Dakota, Gibbons was stopped for a traffic violation. After an arrest for driving under suspension, a law enforcement search resulted in the discovery of a loaded .45 handgun in a tool bag in the back seat. After being charged in William County District Court, Gibbons bonded out.
On June 11, 2014, Gibbons was operating a motorcycle with an expired registration in Williston. When an officer attempted to stop him, Gibbons fled at a high rate of speed and crashed. He fled on foot, but was quickly apprehended and had a shoulder holster and loaded gun magazine on him. A witness stated she observed Gibbons crash, run and throw a gun. Officers found a loaded Ruger 9mm in the area where the witness said she saw him throw the gun.
Gibbons was prohibited from possessing either a firearm or ammunition by virtue of Washington state court felony convictions for assault in the third degree in 2004, unlawful possession of a firearm in the second degree in 2005, and obtaining a controlled substance by fraud or forged prescription, in 2011.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Williston Police Department.
Assistant U.S. Attorney David Hagler prosecuted the case.
Williston Man Sentenced for Possession of Firearm and AmmunitionRead the Press Release
BISMARCK - U. S. Attorney Timothy Q. Purdon announced that on Jan. 12, 2015, Michael John Schell, 44, 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. Judge Hovland sentenced Schell to serve seven years in federal prison, to be followed by three years of supervised release. Schell was ordered to pay a $100 special assessment to the Crime Victim’s Fund.
On July 20, 2013, in Williston, North Dakota, Schell was stopped for a traffic violation. After discovery of a drug paraphernalia pipe, a law enforcement search resulted in the discovery of four firearms in the vehicle, including a semi-automatic rifle and over 500 rounds of ammunition.
Schell was prohibited from possessing either a firearm or ammunition by virtue of multiple felony convictions, including California convictions for possession of a controlled substance for sale in 1995, possession of a controlled substance in 1996, possession of a controlled substance in 2001, domestic assault in 2010, and felon in possession of a firearm in 2010.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Williston Police Department.
Assistant U.S. Attorney David Hagler prosecuted the case.
Minot N.D. Man Sentenced for Bank RobberyRead the Press Release
FARGO - U. S. Attorney Timothy Q. Purdon announced that on Dec. 18, 2014, Antoine Lee Williams, 28, from Minot, N.D. was sentenced before U. S. District Judge Ralph R. Erickson, following a guilty plea to Bank Robbery, to serve 33 months in prison to be followed by 36 months supervised release. Williams must also pay a $100 special assessment to the Crime Victims Fund.
On October 24, 2013, Williams entered the Gate City Bank of Carrington, N.D., grabbed a slip of paper and left. A few minutes later, Williams reentered the bank, wearing a tan hat and sun glasses, and handed the teller the slip of paper demanding money and threatened her. Surveillance footage showed Williams leaving the scene in a white vehicle. Williams was apprehended shortly after leaving the bank. All monies from the bank robbery were recovered.
The case was investigated by the Federal Bureau of Investigation together with the Foster, Sheridan and Bottineau County Sheriff’s Offices, and the North Dakota Highway Patrol.
Assistant U. S. Attorney Keith Reisenauer prosecuted the case.
Bismarck Woman Sentenced for Role in Bank RobberyRead the Press Release
FARGO – U.S. Attorney Timothy Q. Purdon announced that on Dec. 18, 2014, Nicole Marie Speed, 35, from Bismarck N.D., was sentenced before U.S. District Judge Ralph R. Erickson to serve Judge Erickson sentenced Speed to 60 months’ probation on condition she be placed on 12 months of home confinement with electronic monitoring and complete 750 hours community service. Speed had previously pled guilty to Accessory after the Fact in connection with the bank robbery of the Northland Financial bank in Medina, North Dakota. She was also ordered to pay restitution of $2670 and a $100 special assessment to the Crime Victims Fund.
On Oct. 25, 2013, Speed provided a handgun to Satrone Boyd which was used in the bank robbery of Northland Financial Bank Medina, N.D. On October 25, 2013, at approximately 9:30 a.m., Boyd and codefendant Rendell Charles Hardy forcefully robbed Northland Financial in Medina, N.D. wearing clown masks. Hardy, in possession of a handgun, demanded money from bank employees after which the two men fled the scene.
Boyd and Hardy later changed vehicles southwest of Medina, N.D., before being identified at a truck stop near the Star Lite Motel in Jamestown, N.D. A surveillance video showed Boyd throwing the masks and a set of keys into the dumpster by the Star Lite Motel. Boyd was later apprehended in Fargo, North Dakota. Judge Erickson previously sentenced Hardy to serve 12 1/2 years in prison for bank robbery and possession of a firearm during the commission of a violent crime. Boyd was sentenced to serve 7 ½ years in prison for the bank robbery.
The case was investigated by the Federal Bureau of Investigation together with the Stutsman County Sheriff’s Office, the North Dakota Highway Patrol, the Dickinson Police Department and the Fargo Police Department.
Assistant U.S. Attorney Keith Reisenauer prosecuted the case.
Spirit Lake Woman Sentenced for Child Abuse or NeglectRead the Press Release
FARGO - U. S. Attorney Timothy Q. Purdon announced that on Dec. 16, 2014, Geraldine Dumarce, 33, St. Michael, N.D., was sentenced before U. S. District Judge Ralph R Erickson to serve six months in prison for child abuse or neglect.
On May 14, 2010, Dumarce operated a motor vehicle under the influence of alcohol while her 17 month old child was unrestrained in the vehicle. Dumarce had numerous convictions in Spirit Lake Tribal Court that detailed a history of her abusing alcohol and subsequently neglecting her children. On August 4, 2011, police officers were called about three small children aged 4, 3, and 1 years wandering outside unsupervised. Officers found Dumarce in the home intoxicated and passed out causing her to become incapable of exercising parental control and supervision. On May 8, 2012 in Cannonball, N.D., police responding to a call for assistance made by Dumarce’s 14 year old son, found Dumarce so intoxicated she was incapable of exercising proper parental control over her minor children aged 6, 4, 3, 2, and 6 months. On April 4, 2013, officers were called to a home on the Spirit Lake Indian Reservation where Dumarce was found unresponsive due to intoxication as her five minor children wandered inside and outside the home unsupervised and not clothed for the 30 degree weather conditions. The children were subsequently removed from Dumarce’s custody. The children suffered untreated medical conditions, malnourishment, and dental neglect.
Judge Erickson also sentenced Dumarce to 3 years of supervised release with the condition that up to 12 months be placement in a residential re-entry center and a $100 special assessment that is to be paid to the Crime Victims Fund.
The case was investigated by the Federal Bureau of Investigation and Bureau of Indian Affairs-Fort Totten.
Assistant U. S. Attorney Janice Morley prosecuted the case.
Fort Totten Woman Sentenced for Child Abuse or NeglectRead the Press Release
FARGO – U. S. Attorney Timothy Q. Purdon announced that on Dec.15, 2014, Alesia Stana Shaw, 31, Fort Totten, N.D. was sentenced before U. S. District Judge Ralph R. Erickson to serve eight months in prison for child abuse or neglect.
On June 7, 2013, Shaw was arrested at the Spirit Lake Casino on the Spirit Lake Indian Reservation related to a search warrant executed by Bureau of Indian Affairs and North Dakota Bureau of Criminal Investigation on reports of drug activity. Shaw was found in the room with her one year old child and was observed “roughly grabbing him and placed him on the couch in a hard manner.” Shaw tested positive for several drugs. On May 30, 2014, Shaw was arrested for driving a motor vehicle while intoxicated with her child in the vehicle. Shaw had previously been convicted in 2006 of Involuntary Manslaughter for an incident in which she lost control of her vehicle while driving under the influence of alcohol and killed one of her children, a 17 month old, in the crash.
Judge Erickson sentenced Shaw to serve 36 months supervised release upon her release from confinement and pay a $100 special assessment to the Crime Victims Fund.
The case was investigated by the Bureau of Indian Affairs and North Dakota Bureau of Criminal Investigation -Drug Enforcement.
Assistant U. S. Attorney Jan Morley prosecuted the case.
Johnson Brothers Found Guilty of Conspiracy to Commit FraudRead the Press Release
Fargo – U.S. Attorney Timothy Q. Purdon announced that on December 11, 2014, a Federal Trial Jury found Aaron A. Johnson and Derek M. Johnson, guilty on charges of 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 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.The Johnson brothers face up to 30 years in prison and millions of dollars in fines, restitution and criminal forfeiture. The Honorable Chief Judge Ralph R. Erickson has set sentencing hearing and forfeiture hearings for both defendants beginning March 9, 2015, at 1:30 pm in United States District Court in Fargo, ND.
The case was investigated by the United States Department of Agriculture and the Risk Management Agency
Assistant U.S. Attorney Clare Hochhalter and AUSA Nick Chase prosecuted the case.
Minot Man Sentenced for Possession of Firearm & Ammunition by Convicted FelonRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on December 1, 2014, Samuel Davis Everson III, 48, Minot, 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. Everson pleaded guilty to the charge on
September 5, 2014.Judge Hovland sentenced Everson to serve 15 years in federal prison, to be followed by five years of supervised release. Everson was ordered to pay a $100 special assessment to the Crime Victim’s Fund.
On January 30, 2013, Everson was stopped for a traffic offense by an officer with the McKenzie County Sheriff’s Department. After smelling the odor of marijuana coming from the vehicle and after Everson was arrested for driving under suspension, a law enforcement search resulted in the discovery of a loaded 9mm caliber handgun.
On October 7, 2013, Everson was arrested at his residence in Minot, N.D., on a Montana federal warrant for conspiracy to distribute methamphetamine. During that arrest, a .357/.38 caliber revolver was located in a nightstand in his bedroom.
Everson was prohibited from possessing a firearm by virtue of his eleven prior felony convictions. Due to the fact that three or more of these convictions were “serious drug offense” convictions, the federal firearm offense carried a maximum penalty of life imprisonment, and a minimum mandatory sentence of 15 years in federal prison.
In February 2014, Everson was convicted of the drug offense in United States District Court in the District of Montana and sentenced to 14 years in federal prison. The 15-year North Dakota federal sentence was imposed to run concurrently to the undischarged term of imprisonment on the Montana conviction.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Drug Enforcement Administration, the McKenzie County Sheriff’s Office, the North Dakota Bureau of Criminal Investigation, the Minot Police Department and the Minot Drug Task Force.
Assistant U.S. Attorney David Hagler prosecuted the case.
Fort Yates Man Sentenced of Sexual AssaultRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on December 1, 2014, Austin Agard, Age 28, of Fort Yates ND, was sentenced by U.S. District Judge Daniel L. Hovland on a charge of Sexual Assault when he, Agard, performed sexual acts on a person incapable of declining participation in the act.
Judge Hovland sentenced Agard to serve 70 months imprisonment, to be followed by five years supervised probation.
The case was investigated by the Bureau of Indian Affairs.
Assistant U.S. Attorney Gary Delorme prosecuted the case.
St. Michael, ND Man Sentenced for Felony Child Abuse and NeglectRead the Press Release
FARGO – U.S. Attorney Timothy Q. Purdon announced that on November 24, 2014, Nathan Jones, Jr., 42, St. Michael, N.D., was sentenced by U.S. District Judge Ralph Erickson on a charge of felony child abuse and neglect. Jones pled guilty to the charge on August 27, 2014.
Judge Erickson sentenced Jones to serve one year in federal custody, to be followed by two years of supervised release. Jones was ordered to pay a $100 special assessment to the Crime Victim’s Fund.
Between May 14, 2010 and continuing through April 4, 2013, on the Spirit Lake Indian reservation, Nathan Jones, Jr., who is the parent of six children aged 2, 3, 4, 6, 7, and 8 years, did willfully fail to provide proper parental care or control, subsistence, education as required by law, or other care or control necessary for the children’s physical, mental, or emotional health, or morals. Specifically, Jones was physically incapable of exercising proper parental care and control due to extreme intoxication which resulted in the children wandering unsupervised outdoors. Jones admitted to three specific incidents of leaving his children unsupervised due to his intoxication. Additionally, Jones admitted to neglecting the health care of three of his children by failing to bring a child to dental appointments resulting in the removal of his teeth, failing to bring a child to a follow-up appointment after a critical respiratory hospitalization, and failing to provide necessary medical attention a child’s severe skin condition resulting in bleeding wounds.
The case was investigated by the Bureau of Indian Affairs and the Federal Bureau of Investigations.
Assistant U.S. Attorney Janice M. Morley prosecuted the case.
Fort Yates Man Convicted of Aggravated Sexual Abuse by Use of ForceRead the Press Release
BISMARCK – First Assistant U.S. Attorney Christopher C. Myers, announced that on November 21, 2014, Donald Clark Luger, Age 63, of Fort Yates ND, was convicted for Aggravated Sexual Abuse by Use of Force.
Luger was convicted of using force to sexually assault a 12 year old minor female on Fort Yates in 1997. A jury of twelve convicted Luger after a 4 day trial, which included testimony from individuals that had been previously sexually assaulted by Luger. Sentencing for luger has not yet been set.
The case was investigated by the Bureau of Indian Affairs and the Federal Bureau of Investigations.
Assistant U.S. Attorney Gary Delorme prosecuted the case.
Minot Man Sentenced for Possession of a Firearm and Ammunition by a Convicted FelonRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on November 7, 2014, Brian Lamont Sweeney, 47, Minot, 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. Sweeney was convicted of the charge by a federal jury on June 19, 2014.
Judge Hovland sentenced Sweeney to serve seven years in federal prison, to be followed by three years of supervised release. Sweeney was ordered to pay a $100 special assessment to the Crime Victim’s Fund.
On October 14, 2013, in Minot, North Dakota, Sweeney was stopped for a traffic violation. After smelling the odor of marijuana coming from the vehicle, a law enforcement search resulted in the discovery of a loaded .380 caliber handgun.
Sweeney was prohibited from possessing either a firearm or ammunition by virtue of multiple felony convictions, including possession of a controlled substance, possession of drug paraphernalia, aggravated assault, and felon in possession of a firearm. He was on probation with the State of North Dakota at the time of the offense.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Minot Police Department, the Ward County Sheriff’s Office and the North Dakota Department of Corrections and Rehabilitation – Parole and Probation Services.
Assistant U.S. Attorney David Hagler prosecuted the case.
Wahpeton Man Pleads Guilty to Producing Child Pornography in North Dakota’s First Sextortion CaseRead the Press Release
Fargo - U.S. Attorney Timothy Q. Purdon announced that on November 5, 2014, Dustin Coleman, age 22, pleaded guilty to three counts of producing child pornography, two counts of extortion, and three counts of possession of child pornography. On each of the production of child pornography counts, Coleman faces a minimum mandatory sentence of 15 years, up to 30 years in federal prison and a potential life term of supervised release. He further faces a sentence of up to 20 years in prison for extorting sexually explicit images and videos from a child by threatening to injure another person and up to two years’ incarceration for extorting sexually explicit images from a child by threatening to damage her reputation. Finally, on each of the possession of child pornography counts, Coleman faces a maximum sentence of 10 years’ incarceration.
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 brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute
individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.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 is being prosecuted by U.S. Attorney Jennifer Klemetsrud Puhl.
Final Member of Williston-based Meth Trafficking Organization "the Family” SentencedRead the Press Release
BISMARCK - U. S. Attorney Timothy Q. Purdon announced that on November 3, 2014, Brian Scott Dahl, 51, Williston, ND, was sentenced before U. S. District Judge Daniel L. Hovland to serve 17 years in prison for conspiracy to distribute a controlled substance and possession of a firearm in furtherance of a drug trafficking crime.
In Bismarck, United States Attorney Timothy Purdon said, “The sentencing of Brian “Kodiak” Dahl brings to a close the investigation and prosecution of the violent, Williston-based methamphetamine trafficking group known as “The Family.” Federal law enforcement and the U.S. Attorney’s Office, working with our state and local partners, have dismantled this drug trafficking organization and handed out stiff federal prison sentences to its members. The citizens of the Bakken oil boom region should take heart in knowing that federal law enforcement is fighting, every day, to preserve the North Dakota way of life in this time of dramatic changes.”
On August 13, 2012, at approximately 5:43 a.m., a local resident near Culbertson, Montana, called 911 reporting that a male was at his doorstep, bloody and badly injured. Emergency personnel responded and transported the man to a medical facility for treatment. He had multiple injuries to his body, including substantial bruising to his face and right eye, cuts to his face, substantial ligature marks on his neck, several broken ribs, and a broken collar bone.
The victim stated that on August 12, 2012, he had been assaulted by individuals in Williston, N.D. He stated he was beaten with brass knuckles, cut with a razor blade, strangled with a rope or string, and tasered. The victim identified his assailants as member of a drug trafficking group known as “The Family.” The victim was bound by his hands and ankles, thrown into the trunk of an automobile that had been lined with plastic, and driven from Williston, North Dakota, to a location in Montana, where he was beaten until he was unconscious. The victim was left for dead by his assailants, but after regaining consciousness, he was able to make his way to the Culbertson residence to seek help. The beating was motivated by the fact that members of “The Family” were concerned that the victim would provide information to law enforcement about “The Family’s” illegal drug trafficking activities.
During the investigation into the activities of “The Family,” it was discovered that Brian Dahl, a/k/a “Kodiak” was part of a conspiracy that possessed with intent to distribute in excess of 500 grams of methamphetamine in the Williston area. On January 29, 2013, law enforcement officials executed a search warrant at Dahl’s residence and seized 24 firearms despite the fact that Dahl, as a previously convicted felon, was prohibited from possessing firearms. Dahl was also implicated in the assault of Defendant Mills, who was at one time assaulted by other members of “The Family.” Dahl was involved in this incident and brandished a firearm during that assault.
The following defendants have been convicted and sentenced as a result of the investigation of this kidnapping and the drug trafficking activities of “The Family”:
• Jeffrey Jim “Pops” Butler, 47, convicted of kidnapping and conspiracy to distribute methamphetamine. On October 25, 2013, Butler was sentenced to serve a total of 20 years in federal prison.
• Nicholas James Gordon Woodford, 24, convicted of kidnapping and conspiracy to distribute methamphetamine. On October 21, 2013, Woodford was sentenced to serve a total of 15 years in federal prison.
• Tyler Michael White, 24, convicted of kidnapping and conspiracy to distribute methamphetamine. On October 25, 2013, White was sentenced to serve a total of 13 years and 9 months in federal prison.
• James Dean Odeneal, 24, convicted of kidnapping. On July 19, 2013, Odeneal was sentenced to serve 12 years in federal prison.
• Zachary Russell Mills, 24, convicted of kidnapping. On November 4, 2013, Mills was sentenced to serve 5 years in federal prison.
• Matthew Powers, 23, convicted of conspiracy to distribute a controlled substance. On December 20, 2013, Powers was sentenced to serve 5 years in federal prison.
In addition to the 17 year imprisonment term, Judge Hovland also ordered that Dahl serve 5 years of supervised release and was ordered to pay a $200 special assessment to the Crime Victims Fund.
The case was investigated by the Federal Bureau of Investigation, the North Dakota Bureau of Criminal Investigation, the Northwest Narcotics Task Force, the Williston Police Department and the Yellowstone County (MT) Sheriff’s Department.
Assistant U. S. Attorneys David D. Hagler and Rick L. Volk prosecuted the case.
Cannonball, ND Man Sentenced for Assault with a Dangerous WeaponRead the Press Release
Bismarck - U.S. Attorney Timothy Q. Purdon announced that on October 31, 2014, Dustin Lester, age 41, was sentenced to serve 60 months imprisonment for assault with a dangerous weapon.
Dustin Lester was charged by Indictment with Assault with a Dangerous Weapon and Domestic Assault by a Habitual Offender on February 19, 2014, while at the Prairie Knights Casino. Security video footage obtained from the Prairie Knights Casino showed Lester physically assaulting a female by punching and kicking her multiple times in the hallway of the casino. The female Lester assaulted is a person with whom he had a dating relationship with.
Lester changed his plea on July 31, 2014 to guilty on one count of Assault with a Dangerous Weapon. Judge Hovland also sentenced Lester to three (3) years supervised release and ordered to pay $100 special assessment to the Crime Victims Fund.
Case was investigated by Bureau of Indian Affairs.
Assistant U.S. Attorney Gary Delorme prosecuted the case.
Williston Man Found Guilty of Felon in Possession of a FirearmRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on October 29, 2014, GABRIEL LAZARO GARCIA-HERNANDEZ, a/k/a GABRIEL L. GARCIA, 54, Williston, N.D., was found guilty by a federal jury on a charge of felon in possession of a firearm and ammunition and possession of a firearm with an obliterated serial number.
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 charge of felon in possession of a firearm and ammunition carries a statutory maximum penalty of life in federal prison and a $250,000 fine. The charge of possession of a firearm with an obliterated serial number carries a statutory maximum penalty of five years in federal prison and a $250,000 fine. Sentencing for Garcia-Hernandez has not been scheduled.
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 is prosecuting the case.
US Department of Justice - Election Day ProgramRead the Press Release
United States Attorney Timothy Q. Purdon announced today that Assistant United States Attorney (AUSA) Rick L. Volk will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 4, 2014, general elections. AUSA Volk serves as the District Election Officer (DEO) for the District of North Dakota, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
United States Attorney Purdon said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 4, 2014, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Purdon stated that AUSA/DEO Volk will be on duty in this District while the polls are open. He can be reached by the public at the following telephone numbers: 701-530-2420 or 1-888-828-8050.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on Election Day. The FBI’s Election Crimes Coordinator for the District of North Dakota can be reached by the public at 763-569-8000.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
United States Attorney Purdon said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”
McLaughlin, SD Man Sentenced for Abusive Sexual Contact with a MinorRead the Press Release
Bismarck - U.S. Attorney Timothy Q. Purdon announced that on October 23, 2014, Peter Spotted Horse, age 60, McLaughlin, SD, was sentenced before U.S. District Judge Daniel L. Hovland to serve 51 months imprisonment for Abusive Sexual Contact with a Minor.
Spotted Horse was charged by Indictment with Abusive Sexual Contact on January 8, 2013. Spotted Horse later changed his plea to guilty. Judge Hovland also sentenced Spotter Horse to five years supervised release and ordered him to pay $100 special assessment to the Crime Victims Fund, as well as restitution later to be determined.
This case was investigated by the Bureau of Indian Affairs.
Assistant U.S. Attorney Gary Delorme prosecuted the case.
New Mexico Woman Sentenced for Possession of a Firearm and AmmunitionRead the Press Release
BISMARCK - U. S. Attorney Timothy Q. Purdon announced that on October 20, 2014, April Marie Lacey, 32, Las Cruces, NM, was sentenced before U. S. District Judge Daniel L. Hovland to serve 10 years in prison for and possession of a firearm and ammunition by a convicted felon.
On September 14, 2013, a Montana Highway Patrol officer attempted to stop a car driven by Christopher Russell near Fairview, Montana. Russell refused to stop and a chase commenced which ended in North Dakota. McKenzie County law enforcement officials were able to apprehend Russell on Highway 85 near Arnegard, ND. Lacey was the lone passenger in the car. After stopping and arresting the two, officers found approximately two ounces of methamphetamine and a .380 caliber pistol in the car. Evidence revealed that the couple was traveling to the New Town, ND area to distribute the methamphetamine. Lacey was prohibited from legally possessing a firearm due to four felony convictions, including 2005 New Mexico convictions for armed robbery with a deadly weapon and a 2013 Washington conviction for third degree assault.
Judge Hovland also ordered that Lacey serve 3 years of supervised release and was ordered to pay a $100 pecial assessment to the Crime Victims Fund.
On September 8, 2014, Russell, 34, Tacoma, Wash., was sentenced before U. S. District Judge Daniel L. Hovland to serve 20 years in prison for possession with intent to distribute a controlled substance and possession of a firearm and ammunition by a convicted felon. Russell was prohibited from legally possessing a firearm due to four felony convictions, including a 2006 Missouri conviction for delivery of a controlled substance.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives, Northwest Narcotics Task Force, McKenzie County Sheriff’s Office, Federal Bureau of Investigation, and the Montana Highway Patrol.
Assistant U. S. Attorney David D Hagler prosecuted the case.
“Operation Stolen Youth” Receives National AwardRead the Press Release
Washington DC – Thomas W. Padden, Director, Organized Crime Drug Enforcement Task Forces (OCDETF), Department of Justice, announced that the District of North Dakota was the recipient of the 2014 OCDETF National Award for Outstanding Investigation for Creative Response to Emerging Public Safety Threat for the phenomenal multi-agency investigative work during “Operation Stolen Youth”. This prestigious national award most exemplifies the mission and spirit of the OCDETF Program and reflects great credit upon the District of North Dakota and those North Dakota law enforcement agencies involved in the Operation Stolen Youth investigation.
In Bismarck, Timothy Q. Purdon, US Attorney, said "This national award, the first one ever awarded to agents, prosecutors, and staff in North Dakota, is well deserved recognition on a national scale for a law enforcement team whose swift actions in response to synthetic drug overdose deaths in Grand Forks and East Grand Forks kept the public safe, dismantled the organization that was trafficking this poison, and delivered some measure of Justice to the families of the young men who lost their lives as a result of taking synthetic drugs." Purdon added, “All illegal drugs are dangerous and synthetic analogue substance are no different. You risk your life when you ingest them."
In Fargo, Christopher C. Myers, First Assistant US Attorney, said “We have worked numerous large and successful drug cases in the District of North Dakota but the swift, team-based response in this case was remarkable given that the substances ingested were new and deadly analogue controlled substances. Despite this challenge, this team identified, targeted and dismantled a nationwide trafficking organization within sixty days of the first overdose. Such a feat is unheard of in the investigation of large scale drug trafficking organizations. The performance of this particular team in this case was exemplary and undoubtedly saved lives.”
“Operation Stolen Youth” investigation was initiated in June of 2012, after two teenagers died from an overdose of deadly analogue controlled substances in the Grand Forks area. The investigation revealed that several young adults in the Grand Forks area were involved in the distribution of various analogue substances that were acquired from an internet based company near Houston, Texas named Motion Resources, which was importing these substances from overseas and distributing them across the United States. Charles William Carlton, 29, Katy, Texas, was identified as the leader and was sentenced to serve 20 years and six months in prison for his role in the conspiracy. Carlton was also ordered to forfeit $385,000 in proceeds related to Motion Resources. Additionally, 14 other defendants were convicted in the case. The sentences for the other defendants ranged from probation to 20 years imprisonment.
Recognized for their contribution to this successful investigation were:
Terrence Boos Drug Enforcement Administration
Lori Daly United States Attorney's Office
Brent Druery Homeland Security Investigations
Steve Gilpin North Dakota Bureau of Criminal Investigation
Nathan Glur Internal Revenue Service, Criminal Investigation
Jeremy Grube Homeland Security Investigations
Adam Henney United States Postal Inspection Service
Julie Hough United States Attorney's Office
Tom Irvin United States Postal Inspection Service
Mike Jennings Grand Forks Police Department
Charlene Keller North Dakota State Laboratory
Kenneth Kulick Food and Drug Administration
Joel Lloyd Grand Forks Sheriff's Office
Christopher C. Myers United States Attorney's Office
Cassandra Prioleau Drug Enforcement Administration
Chelsea Smith United States Attorney's Office
Debra Wilson United States Attorney's OfficeFort Yates Man Sentenced for Domestic Assault by a Habitual OffenderRead the Press Release
Bismarck - U.S. Attorney Timothy Q. Purdon announced that on October 14, 2014, Brett See Walker, age 28, Fort Yates, ND, was sentenced before U.S. District Judge Daniel L. Hovland to serve 24 months imprisonment for Domestic Assault by a Habitual Offender.
Walker was charged by Indictment with Domestic Assault by a Habitual Offender and Assault with a Dangerous Weapon on March 26, 2013. Walker later changed his plea to guilty. Judge Hovland also sentenced Walker to three years supervised release and ordered him to pay $100 special assessment to the Crime Victims Fund, as well as restitution in the amount of $1.398.63
This case was investigated by the Bureau of Indian Affairs.
Assistant U.S. Attorney Gary Delorme prosecuted the case.
Fort Yates Woman Sentenced for Involuntary ManslaughterRead the Press Release
BISMARCK - U. S. Attorney Timothy Q. Purdon announced that on Oct. 6, 2014 Morning Star Brown, 32, Fort Yates, N.D., was sentenced before U. S. District Judge Daniel L. Hovland to serve 6 ½ years in prison for voluntary manslaughter.
Brown was charged with second degree murder and assault with a dangerous weapon causing the death of Jarret Two Bear on or about March 3, 2013. Brown later changed her plea and pleaded guilty to voluntary manslaughter. Judge Hovland also sentenced Brown to three years supervised release and ordered her to pay a $100 special assessment to the Crime Victims Fund as well as restitution.
The case was investigated by the Federal Bureau of Investigations and Bureau of Indian Affairs-Standing Rock Agency.
Assistant U. S. attorney Gary Delorme prosecuted the case.
Operator of Saltwater Disposal Well Pleads Guilty to Multiple Felony Charges in Connection with Operation of the WellRead the Press Release
WASHINGTON – Nathan R. Garber, 45, of Kalispell, Montana, pleaded guilty in federal court in Bismarck to eleven felony charges stemming from the operation of a saltwater disposal well near Dickinson, in Stark County, North Dakota, the Justice Department announced.
Garber pleaded guilty to one count of conspiracy to violate the Safe Drinking Water Act and defraud the United States. He also pleaded guilty to five counts of violating the Safe Drinking Water Act, two counts of making false statements, two counts of falsification of records and one count of concealment or cover up of a tangible object.
The well, named the Halek 5-22, received “produced water” constituting “brine and other wastes” commonly and generically referred to as “saltwater.” “Saltwater” in this context covers a wide array of drilling waste fluids, including hydraulic fracturing fluid, which is water combined with chemical additives such as biocides, polymers and “weak acids.” The EPA has stressed that this water is often saltier than seawater and can “contain toxic metals and radioactive substances.”
“Every aspect of domestic energy extraction, including the disposal of wastewater, must accord with the nation’s environmental laws that protect air, water and soil from contamination,” said Sam Hirsch, the Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “The American people expect nothing less than safe, responsible and legal behavior from those involved in oil and gas development in the Bakken and elsewhere. The Justice Department will vigorously prosecute those who violate this trust and the law.”
“The convictions secured today on 11 felony counts underscores the seriousness of the conduct here,” said U.S. Attorney Timothy Purdon of the District of North Dakota. “Any time anyone in the Bakken oil boom region puts our water supplies at risk for contamination by intentionally breaking the laws in place to protect that water, the North Dakota U.S. Attorney’s Office, the Department of Justice and our partners at Environmental Protection Criminal Investigation Division will use every tool at our disposal to ensure that these offenders are brought to justice. I want to particularly commend the Environmental Protection Agents based in Helena, Montana who worked this case. Their commitment to this investigation, despite the fact that it being an eight hour one-way drive from their office, never wavered. Their commitment to make sure that this complex investigation was handled with the professionalism and skill it needed deserves special recognition and underscores the importance of ensuring that the Bakken region has access to these skilled Agents on a permanent basis.”
“As oil and natural gas development continues, it must be done in a way that ensures drilling byproducts are disposed of safely and legally,” said Special Agent in Charge Jeffrey Martinez of EPA’s criminal enforcement program in North Dakota. “The defendant’s disregard of environmental regulation under the Safe Drinking Water Act put human health and the environment at serious risk. Today’s plea demonstrates that EPA and its law enforcement partners are committed to protecting North Dakota’s precious water sources and the communities that rely upon them.”According to an agreed-upon factual statement filed in court, Garber admitted to conspiring with others in a number of coordinated and illegal acts. For instance, Garber injected saltwater into the well without first having the state of North Dakota witness a test of the well’s integrity, causing a regulator to determine that there was no assurance as to the integrity of the well and that “the fluid could be going anywhere.” Garber also violated a February 2012 order from the state to stop injecting until a well integrity test was done. When questioned by the state about these injections, Garber made false statements in a March 6, 2012 email where he denied that these injections occurred.
The well failed a pressure test on Feb. 2, 2012, and Garber continued to inject saltwater even though he knew that the well did not have integrity and thus posed an increased risk of contaminating ground water.
Further, Garber moved a device called a “packer” up the wellbore in violation of the well’s permit, without first getting approval from the state. A properly placed packer is an essential device to maintaining integrity of the well and ensuring wastewater does not escape into surrounding soil and groundwater.
Then, Garber gave false information to a state inspector regarding the depth of the packer.
A search warrant was executed at the well on Nov. 20, 2013, and it was confirmed that the packer had been moved up in the wellbore and was significantly higher than the depth that had been initially represented by Garber. Despite illegally moving the packer on Feb. 14, 2012, Garber continued to inject saltwater into the well until on or about March 5, 2012, when a state employee shut the well in.
The case was investigated by the U.S. Environmental Protection Agency’s Criminal Investigation Division. Significant cooperation was provided by the North Dakota Industrial Commission (NDIC). The case is being prosecuted by the United States Attorney’s Office for the District of North Dakota and the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.
Attorney General Recognizes Two District of North Dakota EmployeesRead the Press Release
ATTORNEY GENERAL RECOGNIZES DISTRICT EMPLOYEE(S)
WASHINGTON – Former First Assistant U. S. Attorney Lynn Jordheim and Supervisory Paralegal Lou Ann Lee of the U.S. Attorney’s Office in the District of North Dakota were one of 243 members of the Department of Justice recognized by Attorney General Eric Holder and Executive Office for U.S. Attorneys (EOUSA) Director Monty Wilkinson at the 30th annual Director’s Awards Ceremony today in Washington D.C.
The District of North Dakota was one of 44 districts represented at the ceremony which was held in the Great Hall at the Robert F. Kennedy Department of Justice Building.
In his prepared remarks to awardees, Attorney General Holder said, “Locally, nationally, and internationally, you represent the very best that this Department has to offer. Your work embodies our ongoing commitment – not merely to win cases, but to do justice; to protect our fellow citizens from crime, violence, and terrorism; to empower the most vulnerable among us; and to uphold the rule of law.”
In Washington, U.S. Attorney Timothy Purdon said, "Lynn and Lou Ann represent a spirit of public service at the North Dakota United States Attorney's Office that is second to none. In their long and distinguished careers they have worked very hard, every day to seek justice for victims of crime and to keep our communities safe. We are very proud of both of them for receiving the U.S Attorney communities’ highest award."
EOUSA Director Monty Wilkinson echoed those sentiments, saying to the recipients, “You have persevered, and remained focused and motivated – achieving remarkable results in work that makes a difference in the lives of citizens across our great country. The vast scope of your collective accomplishments is nothing short of exceptional.”
Lynn C. Jordheim (District of North Dakota) is recognized for contributing for more than 26 years to the management and success of the United States Attorney’s office (USAO) for the District of North Dakota. He began his career prosecuting criminal and civil cases, and has served as a managing AUSA, Criminal Chief, First Assistant United States Attorney, and Acting United States Attorney. He has been a trusted resource for seven United States Attorneys. His ability to listen, analyze, and thoughtfully respond to issues are among his most distinguishing Characteristics and he recognizes that the success of the USAO depends on the safety and well-being of dedicated people who serve. His exceptional management during the statewide floods from 2009 to 2011, and later during unprecedented population growth in western North Dakota, is worthy of special recognition. Mr. Jordheim remains a champion, friend, mentor, and protector of all USAO staff.
Lou Ann Lee (District of North Dakota) is recognized for her crucial work on many major prosecutions over the last 25 years. In the district, she supervises all paralegals, masterfully manages discovery, conducts research and drafts documents, prepares charts, and handles the presentation of electronic evidence. Ms. Lee helped assemble and present more than 200 exhibits and 17 hours of videotape in a three-week trial regarding the gruesome murders of two young children. Immediately after that case, she organized and presented tens of thousands of pages of exhibits and created summary charts amassed from more than 56 electronic storage devices in a child pornography trial. The latter project occurred during the government shutdown when she was the only paralegal serving the entire office. Her superior performance in a litigative support role continues to inspire others and contributes greatly to the district’s success.
EOUSA provides oversight, general executive assistance, and direction to the 94 United States Attorneys’ offices around the country. For more information on EOUSA and its mission, visit http://www.justice.gov/usao.
Washington Man Sentenced for Possession of Methamphetamine and a Firearm and AmmunitionRead the Press Release
BISMARCK - U. S. Attorney Timothy Q. Purdon announced that on Sept. 8, 2014, Christopher Juaquin Russell, 34, Tacoma, Wash., was sentenced before U. S. District Judge Daniel L. Hovland to serve 20 years in prison for possession with intent to distribute a controlled substance and possession of a firearm and ammunition by a convicted felon.
On September 14, 2013, a Montana Highway Patrol officer attempted to stop a car driven by Christopher Russell near Fairview, Montana. Russell refused to stop and a chase commenced which ended in North Dakota. McKenzie County law enforcement officials were able to apprehend Russell on Highway 85 near Arnegard, ND. There was one female passenger in the car. After stopping and arresting Russell, officers found approximately two ounces of methamphetamine and a .380 caliber pistol in the car. Evidence revealed that Russell was traveling to the New Town, ND area to distribute the methamphetamine. Russell was prohibited from legally possessing a firearm due to four felony convictions, including a 2006 Missouri conviction for delivery of a controlled substance.
Judge Hovland also ordered that Russell serve 10 years of supervised release and was ordered to pay a $200 special assessment to the Crime Victims Fund.
The case was investigated by Northwest Narcotic Task Force, McKenzie County Sheriff’s Office, Federal Bureau of Investigation, and the Montana Highway Patrol.
Assistant U. S. Attorney David D Hagler prosecuted the case.
Fort Yates Man Sentenced for Abusive Sexual Contact with a MinorRead the Press Release
BISMARCK - U. S. attorney Timothy Q. Purdon announced that on Sept. 8, 2014, George Thunderhawk, 63, Fort Yates, N.D., was sentenced before U. S. District Judge Daniel L. Hovland to serve 41 months in prison for abusive sexual contact.
Thunderhawk was charged by Indictment for having abusive sexual contact with a minor under the age of twelve, stemming from an incident that occurred sometime between January 2008 and December 2008. Thunderhawk was found guilty of the charged offense after a two-day trial before a jury of twelve persons. Judge Hovland also sentenced Thunderhawk to five years supervised release and ordered that he pay a $100 special assessment to the Crime Victims Fund. Restitution in this case has been left open until Nov. 17, 2014.
The case was investigated by Bureau of Indian Affairs-Fort Yates.
Assistant U. S. Attorney Gary Delorme prosecuted the case.
Glendale California Man Sentenced in Multimillion Dollar Health Insurance Fraud SchemeRead the Press Release
FARGO - U. S. Attorney Timothy Q. Purdon announced that on Sept. 3, 2014, Hovakim David Mkhitarian, 31, Glendale, Calif., was sentenced before U. S. District Judge Ralph R. Erickson to serve seven months in prison and seven months electronic home monitoring for charges of conspiracy to commit health care fraud. Mkhitarian was also ordered to pay $2000 in restitution and a $100 special assessment to the Crime Victims Fund.
Mkhitarian pleaded guilty on Sept. 25, 2013 and was a mid-level participant involved in the day-to-day operation of a health care fraud scheme that submitted in excess of $13 million of fraudulent claims to Medicare and caused more than $3 million of losses to the program. The sophisticated scheme, which was based out of Los Angeles, recruited foreign students who were traveling in the United States on summer work visas. The students were driven around the United States to open up bank accounts and commercial mail boxes for dozens of phantom medical clinics. After the students returned home, conspirators submitted fictitious claims to Medicare using wrongfully-obtained physician billing numbers and thousands of Medicare numbers. Medicare deposited payments into accounts opened by the foreign students, who pre-signed checks so that conspirators could withdraw the deposited funds. Money from the scheme was laundered through check cashing businesses, real estate, and gold dealers.
Two co-conspirators also pleaded guilty today to charges of conspiracy to commit health care fraud; Tigran Yusufyan and Hovakim John Mkhitarian. Sentencing for Yusufyun will be held on Dec. 8, 2014, at 11:00 a.m. and sentencing for John Mkhitarian will be on Feb. 23, 2015 at 1:30 p.m. U. S. District Court. A fourth member of the conspiracy, Levon Gevorgyan is scheduled to be sentenced for his role in the offense on November 10, 2014 at 2:15 p.m.
This case was jointly investigated by the Office of Inspector General, Department of Health and Human Services, and the United States Diplomatic Security Service, Department of State.
Special Assistant United States Attorney Matthew Greenley prosecuted the case. His position is funded through a partnership between the Department of Health and Human Services, Office of Inspector General, and the United States Attorney’s Office for the District of North Dakota. In that position, Mr. Greenley prosecutes criminal cases relating to programs under the United States Department of Health and Human Services, including the Medicare program. Medicare contracts with Noridian Healthcare Solutions, LLC, in Fargo, North Dakota, to process and pay Medicare claims in addition to other healthcare administrative services.
Texas Leader of Synthetic Drug Ring Sentenced for His Role in the Deaths of Grand Forks Area TeenagersRead the Press Release
FARGO - U. S. Attorney Timothy Q. Purdon announced that on Aug. 28, 2014, Charles William Carlton, 29, Katy, Texas, was sentenced before U. S. District Judge Ralph R. Erickson to serve 20 years and six months in prison for conspiracy to possess with intent to distribute and distribution of controlled substances and controlled substance analogues resulting in serious bodily injury or death, introduction and delivery of a misbranded drug and money laundering.
On June 11, 2012, Grand Forks, N.D. Police Department responded to a call of a male lying on a sidewalk. Upon arrival they found 18-year-old Christian Bjerk dead from an overdose. A few blocks away officers found two other males, 18-year-old Wesley Sweeney and a 15-year-old male also disorientating and hallucinating. Both were taken to a local hospital.
Two days later on June 13, 2014, law enforcement would once again respond to a call for service as Elijah Stai, 17-years-old had stopped breathing and ultimately died from a drug overdose. It was determined that both overdoses resulted from ingesting N-(2-methoxybenzyl)-4-iodo-2, 5-dimethoxyphenethlylamine also known as 2CI-NBOMe.
For the first time ever, Drug Enforcement Agency - Drug Classification Section officially determined that these drugs were analogues of a Schedule I controlled substance 2, 5-Dimethoxy-4bromopheethlamine, also known as 2C-B, which is known to be very powerful and dangerous. U.S. Attorney Tim Purdon, in conjunction with local law enforcement, immediately warned the public about the potential dangers of these substances.The investigation revealed that the conspiracy involved the distribution of many illegal analogue controlled substances through an online business called Motion Resources that imported the illegal substances from several countries and sold them throughout the United States.
First Assistant U.S. Attorney Chris Myers said, “In response to the tragic deaths of two young people from our community, the response of local, state and Federal law enforcement was remarkable. Within 60 days, they identified and dismantled an international drug trafficking organization and undoubtedly saved lives. The 15 defendants that were held accountable for their roles in this case hopefully will provide a measure of justice for the families of Christian Bjerk and Elijah Stai. However, the fact remains that in this case the distribution of drugs resulted in the death of two young kids and affected a countless number of lives - sadly once again, the circumstances in this case forcefully rebut the tiresome argument that dealing drugs is a victimless crime.”
Judge Erickson also sentenced Carlton to three of years of supervised release and a $300 special assessment to be paid to the Crime Victims Fund. Carlton was also ordered to forfeit $385,000 in proceeds related to Motion Resources.
“Not only is a criminal going to prison for his crimes, but the government has seized a significant portion of the illegal proceeds through asset forfeiture,” stated Special Agent in Charge Kelly R. Jackson of the St. Paul Field Office. “The role of IRS Criminal Investigation in narcotics investigations is to follow the money so we can financially disrupt and dismantle major drug trafficking organizations. One of the government's most powerful weapons is the ability to seize through asset forfeiture the assets associated with narcotics-related crimes. IRS Criminal Investigation is proud to provide its financial expertise as we work alongside our law enforcement partners to bring criminals to justice"“Today’s sentence concludes an extensive investigation and demonstrates the continued commitment of FDA's Office of Criminal Investigations and its law enforcement partners to aggressively pursue those who sell unapproved and harmful products over the internet that threaten the public health. Unfortunately, in this case there were deadly consequences and the perpetrators of this crime have been punished accordingly. FDA takes its responsibility to protect the health and safety of the US consumer very seriously,” said Special Agent-in-Charge John J. Redmond of the FDA’s Office of Criminal Investigations, Chicago Field Office.
Throughout the investigation, “Operation Stolen Youth” uncovered 14 other defendants in connection with Carlton. Five of those defendants also pled guilty to conspiracy to distribute analogue controlled substance resulting in death. The sentences for the other defendants are as follows:
Casey Rosen -Minneapolis, Minn. 20 years
Andrew Spofford- Fargo, N.D. 17.5 years
Wesley Sweeney- Manvel, N.D. 12.5 years
Adam Budge- Grand Forks, N.D. 11.3 years
John Polinski- Houston, Texas 11 years
Peter Hoistad- Grand Forks, N.D. 8 years
Ryan Lane- East Grand Forks, Minn. 5 years
William Fox- Grand Forks, N.D. 4 years
Byron Landry- Kiln, Miss. 40 months
Stephen Bucher- Bemidji, Minn. 36 months
Ron Norling- Grand Forks, N.D. 27 months
Dilion Breen - Grand Forks, N.D. 16 months
Scott Anthony- Grand Forks, N.D. 15 months
Allyson Desantos- Grand Forks, N.D. Probation
The case was investigated by Homeland Security Investigations, Drug Enforcement Administration, Food and Drug Administration, Internal Revenue Service, North Dakota Bureau of Criminal Investigation, and Grand Forks Police Department.First Assistant U.S. Attorney Chris Myers prosecuted the cases.
Wisconsin Man Ordered to Pay Restitution to a Victim in a Child Pornography CaseRead the Press Release
FARGO - U. S. Attorney Timothy Q. Purdon announced that on Aug. 21, 2014, Robert Carey Evans, 58, of Waukesha, Wis., was ordered by U. S. District Judge Ralph R. Erickson to pay $3250 in restitution to a child pornography victim. This is the first time that the Federal District Court in North Dakota has ordered a Defendant to pay restitution to a victim whose abuse appears in the child pornography possessed by the Defendant under the new guidelines set forth by the United States Supreme Court.
In April of this year, the U. S. Supreme Court issued an opinion in Paroline v. United States, holding that possessors of child pornography may be held liable for a victim’s losses caused by the trade of her images. The Supreme Court held that district courts should order restitution where “the defendant possessed a victim’s images” and the “victim has outstanding losses caused by the continuing traffic in those images but where it is impossible to trace a particular amount of those losses to the individual defendant.”
On Oct. 25, 2013, a 12-person jury found Evans guilty of 14 counts of possession of child pornography and he was sentenced to 10 years in prison on Feb. 24, 2014. Following the Defendant’s conviction, the victim submitted a claim for restitution for her losses that she incurred as a result of Evans’ criminal conduct.
This case came to the attention of law enforcement after a North Dakota Bureau of Criminal Investigations special agent assigned to the Internet Crimes Against Children Task Force discovered two computers geographically located in North Dakota that were sharing child pornography in a peer-to-peer network. A search warrant was issued for Evan’s Fargo apartment where task force officers seized more than 13 hard drives and 43 DVDs containing child pornography. A subsequent forensic examination of this media revealed more than 22,000 images and nearly 1400 videos of child pornography.
The case was investigated by Homeland Security Investigations, North Dakota Bureau of Criminal Investigation and the Fargo Police Department.
Assistant U.S. Attorney Jennifer Klemetsrud 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.
Fort Yates Man Pleads Guilty to Sexual AssaultRead the Press Release
BISMARCK - U. S. Attorney Timothy Q. Purdon announced that on Aug. 15, 2014, Austin Agard, 27, Fort Yates, N.D., pleaded guilty before U. S. District Judge Daniel L. Hovland to a charge of sexual assault.
On Dec. 16, 2013, the Bureau of Indian Affairs in Fort Yates received a call from the hospital that a female had reported being raped while at her Fort Yates residents. The victim was able to identify the individual as Agard. Agard was questioned and admitted that he sexually assaulted an individual incapable of consenting to sexual activity.
Agard faces a sentence of up to life in prison, five years to life of supervised release, and a $250,000 fine.
Sentencing for Agard is set for Dec. 1, 2014, at 10:00 a.m. in U. S. District Court Bismarck.
The case was investigated by the Bureau of Indian Affairs – Standing Rock Agency.
Assistant U. S. Attorney Gary Delorme is prosecuting the case.
Cannonball Man Pleads Guilty to Assault with a Dangerous WeaponRead the Press Release
BISMARCK - U. S. Attorney Timothy Q. Purdon announced that on July 31, 2014, Dustin Lester, 40, Cannonball, N.D., pleaded guilty before U. S. District Judge Daniel L. Hovland to a charge of assault with a dangerous weapon.
On Dec. 27, 2013, Lester assaulted a female victim by kicking her with the shoes he was wearing, causing bodily injury.
Sentencing for Lester has been scheduled for Oct. 31, 2014, in U.S. District Court in Bismarck, N.D., at 9:00 a.m.
The charge of assault with a dangerous weapon carries a statutory maximum of 10 years in federal prison and a $250,000 fine.
The case was investigated by Bureau of Indian Affairs – Standing Rock Agency.
Assistant U. S. Attorney Gary Delorme is prosecuting the case.
New Town Man Sentenced for AssaultRead the Press Release
BISMARCK - U. S. Attorney Timothy Q. Purdon announced that on July 28, 2014, Christopher McMillan, 29, New Town, N.D., was sentenced by U. S. District Judge Daniel L. Hovland to serve two years and six months in prison on the charge of assault of a dating partner resulting in substantial bodily injury. McMillan pleaded guilty to the charge on April 21, 2014.
On Dec. 9, 2013, McMillan assaulted a female, whom he was dating, resulting in substantial bodily injury to the face and neck of the victim.
Judge Hovland also ordered McMillan to complete two years of supervised release and to pay a $100 special assessment to the Crime Victim’s Fund.
The charge in this case, assault of a dating partner resulting in substantial bodily injury in Indian Country, was created by Congress as part of the Violence Against Women Reauthorization Act of 2013.
The case was investigated by Bureau of Indian Affairs – Fort Berthold Agency and Three Affiliated Tribes Police Department.
This case was prosecuted by Assistant U. S. Attorney Rick Volk.
Belcourt Man Sentenced for Assault with a Dangerous WeaponRead the Press Release
BISMARCK - U. S. Attorney Timothy Q. Purdon announced that on July 28, 2014, Robert DeLong Jr., 30, Belcourt, N.D., was sentenced by U. S. District Judge Daniel L. Hovland to serve two years and nine months in prison for the charge of assault with a dangerous weapon. DeLong pleaded guilty to the charge on April 11, 2014.
On July 4, 2012, DeLong struck a woman in the face, causing a torn retina, which required eye surgery to repair.
Judge Hovland also ordered DeLong to complete three years of supervised release and to pay a $100 special assessment to the Crime Victim’s Fund.
The case was investigated by Bureau of Indian Affairs – Turtle Mountain Agency.
The case was prosecuted by Assistant U. S. Attorney Brandi Russell.
Belcourt Man Sentenced for AssaultRead the Press Release
BISMARCK - U. S. Attorney Timothy Q. Purdon announced that on July 24, 2014, Jeremy Michael Laducer, 27, Belcourt, N.D., pleaded guilty and was sentenced before U. S. District Judge Daniel L. Hovland on a charge of assault resulting in serious bodily injury. Laducer received credit for four days in custody and will be on home confinement for 12 months. Laducer was further ordered to be on supervised release for three years, to pay a $100 special assessment to the Crime Victim’s Fund, and to pay $8,364.15 in restitution.
On March 29, 2013, Laducer assaulted a man outside Horsemen’s Bar which is located near Belcourt. The victim underwent surgery for facial injuries resulting from the assault.
The case was investigated by Bureau of Indian Affairs – Turtle Mountain Agency.
Assistant U. S. Attorney Brandi Russell prosecuted this case.
Fort Yates Man Pleads Guilty to Sexual Abuse of a MinorRead the Press Release
BISMARCK - U. S. Attorney Timothy Q. Purdon announced that on July 24, 2014, Isaiah Standing Crow, 18, Fort Yates, N.D., pleaded guilty before U. S. District Judge Daniel L. Hovland to a charge of sexual abuse of a minor.
Between March 30, 2014, and April 2, 2014, Standing Crow engaged in sexual acts with a minor on the Standing Rock Indian Reservation. Sentencing for Standing Crow has been scheduled for Nov. 14, 2014, in U.S. District Court in Bismarck, N.D., at 1:30 p.m.
The charge of sexual abuse of a minor carries a statutory maximum penalty of 15 years in federal prison and a fine of up to $250,000.
The case was investigated by the Bureau of Indian Affairs – Standing Rock Agency.
Assistant U. S. Attorney Gary Delorme is prosecuting the case.
Dickinson N.D. Man Sentenced in Bank RobberyRead the Press Release
FARGO - U. S. Attorney Timothy Q. Purdon announced that on July 21, 2014, Rendell Charles Hardy, 41, of Dickinson, N.D., was sentenced before U. S. District Judge Ralph R. Erickson to serve 12 years and six months in prison for bank robbery and possession of a firearm during the commission of a violent crime.
On Oct. 25, 2013, at approximately 9:30 a.m., Hardy and codefendant Satrone Rashard Boyd forcefully robbed Northland Financial in Medina, N.D. wearing Halloween masks. After quickly approaching the teller, Hardy, in possession of a handgun, demanded money from bank employees after which the two men fled the scene. Boyd and Hardy used a stolen vehicle as a getaway vehicle. They were identified by video at a truck stop near the Star Lite Motel in Jamestown, N.D. The surveillance video showed them throwing the masks and a set of keys into the dumpster by the Star Lite Motel. Hardy was later apprehended in Dickinson.
The case was investigated by the Federal Bureau of Investigation together with the Stutsman County Sheriff’s Office, the North Dakota Highway Patrol, the Dickinson Police Department and the Fargo Police Department.
Assistant U.S. Attorney Keith Reisenauer prosecuted the case.
Fort Berthold Man Sentenced for Sexual AbuseRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on July 16, 2014, Richard G. Staples, 24, Parshall, N.D., pleaded guilty to and was sentenced by U.S. District Judge Daniel L. Hovland on a charge of sexual abuse.
Judge Hovland sentenced Staples to serve five years and four months in federal prison, to be followed by five years of supervised release. In addition to the prison sentence, Judge Hovland ordered Staples to pay a $100 special assessment to the Crime Victim’s Fund. Staples will also be required to register as a sex offender once released from prison.
In or about May of 2013, Staples, an enrolled member of the Three Affiliated Tribes, sexually abused an individual incapable of consenting to sexual activity on the Fort Berthold Indian Reservation.
This case was investigated by the Bureau of Indian Affairs-Fort Berthold Agency and Three Affiliated Tribes Police Department.
This case was prosecuted by Assistant U.S. Attorney Rick Volk.
Violent Crime and Human Trafficking ConferenceRead the Press Release
FARGO - United States Attorney Timothy Q. Purdon has announced that the Violent Crime and Human Trafficking Conference will be held August 12, 13, and 14 in Sioux Falls, South Dakota. All sessions will be held at the Washington Pavilion.
The conference is co-sponsored by U.S. Attorney Brendan V Johnson, District of South Dakota, the Department of Justice Office for Victims of Crime, and Avera Health.
The first day, August 12, will focus on training for medical professionals, advocates, social workers, counselors, and others in the health care field. Additional training on the first day will include the perspective from providers, the patient’s needs, and the public’s responsibility.
The remaining day and a half of the conference, August 13 and 14, is open to the public and will cover key topics such as; increases in human trafficking and other violence against women taking place in the North Dakota oil fields, internet predators in the Dakotas, sexual assault in Indian country, family violence, and working with child victims of physical and sexual assault.
The conference will feature speakers and sessions that have been specifically designed to highlight standards of compassionate care for victims of crime, and encourage coordination of that care among healthcare providers, advocates, policy makers, and law enforcement.
Among the featured speakers on August 13 will be Elizabeth Smart-Gilmour, a sexual abuse survivor, who was abducted from her bedroom in the family’s Salt Lake City home in 2002. The keynote speaker on August 14 will be a victim from the Penn State University sex scandal that involved Jerry Sandusky, an assistant football coach under Joe Paterno.
U.S. Attorney Purdon and U.S Attorney Johnson have made the prosecution of violent crimes and human trafficking top priorities in their districts. In North Dakota, the recent Operation Vigilant Guardian sting has led to sex trafficking charges against 14 defendants in western North Dakota. In South Dakota, since 2009, there have been 23 cases of sex trafficking prosecuted.
The conference is free and open to the public. There is a $10 lunch fee for the August 12, Avera Health sessions.
Physician Sentenced for Medicare FraudRead the Press Release
FARGO – U.S. Attorney Timothy Q. Purdon announced that John C. Chen, 50, Seattle, Washington, was sentenced on June 30, 2014, before U.S. District Judge Ralph R. Erickson to one year of probation for unlawful possession of an identification feature. Chen, a physician, was also ordered to pay restitution of $56,642.52 to the Centers for Medicare and Medicaid Services, which he satisfied as part of $150,000.00 settlement of a parallel civil proceedings in the Western District of Washington alleging violations under the False Claims Act. Chen was ordered to pay a $25 special assessment to the Crime Victims Fund in addition to his sentence.
Chen pleaded guilty to one misdemeanor count of unlawful possession of an identification feature on June 30, 2014, related to certain claims he submitted to Medicare between 2007 and 2010 for patient services that were not rendered. Chen admitted in a plea agreement that he submitted claims for office visits that did not take place because the defendant was physically outside the United States. The claims, which originated from the Seattle area, were made through Noridian Administrative
Services, now known as Noridian Healthcare Solutions, LLC, a North Dakota based Medicare Administrative Contractor. As part of its responsibilities to Medicare, Noridian Healthcare Solutions, LLC, processes and pays Medicare claims arising from durable equipment suppliers throughout the State of Washington.The case was investigated by the Department of Health and Human Services, Office of Inspector General, Office of Investigations. The case was prosecuted by Special Assistant U.S. Attorney Matthew Greenley.
Minot Man Convicted of Felon in Possession of Firearm & AmmunitionRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on June 19, 2014, Brian L. Sweeney, 47, Minot, N.D., was found guilty by a federal jury on a charge of felon in possession of a firearm and ammunition.
On October 14, 2013, in Minot, N.D., Sweeney was stopped for a traffic violation. After smelling the odor of marijuana coming from the vehicle, a law enforcement search resulted in the discovery of a loaded .380 caliber handgun.
Sweeney was prohibited from possessing either a firearm or ammunition by virtue of multiple felony convictions, including possession of a controlled substance, possession of drug paraphernalia, aggravated assault, and felon in possession of a firearm.
The charge of felon in possession of a firearm and ammunition carries a statutory maximum penalty of 10 years in federal prison and a $250,000 fine.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Minot Police Department, the Ward County Sheriff’s Office and the North Dakota Department of Corrections and Rehabilitation – Parole and Probation Services.
Sentencing for Sweeney has not been scheduled.
Assistant U.S. Attorney David Hagler is prosecuting the case.
Texas Man Sentenced for Coercion & Enticement of a MinorRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on June 12, 2014, Lawrence E. Hundley Jr., 50, Porter, Texas, pleaded guilty and was sentenced by U.S. District Judge Daniel L. Hovland on a charge of coercion & enticement of a minor.
Judge Hovland sentenced Hundley to serve five years and three months in federal prison, to be followed by five years of supervised release. Hundley was ordered to pay a $100 special assessment to the Crime Victim’s Fund.
Hundley was arrested on Nov. 22, 2013, as a result of Operation Vigilant Guardian, a joint anti-Human Trafficking investigation by the North Dakota Bureau of Criminal Investigation and Homeland Security Investigations aimed at “johns” trying to arrange sex with underage human trafficking victims online. The investigation resulted in the arrest on federal charges of 14 defendants in Williston and Dickinson, N.D., in October and November of 2013.
This investigation was conducted by the North Dakota Internet Crimes Against Children Task Force and was a cooperative effort of Homeland Security Investigations, the North Dakota Bureau of Criminal Investigation, and the
Bismarck Police Department, with the assistance of the Burleigh County State’s Attorney’s Office.
This case was brought as a part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.Assistant U.S. Attorney Gary Delorme prosecuted the case.
Jamaican DJ Arrested in Florida in Connection with North Dakota Telemarketing Lottery Scam; 26 Individuals Currently IndictedRead the Press Release
BISMARCK- A prominent Jamaican disc jockey has been arrested entering the United States in Hollywood, Florida, following his indictment by a federal grand jury in North Dakota for telemarketing fraud conspiracy. The Indictment charges Deon-ville Antonio O’Hara, aka ZJ Wah Wa, of Kingston, Jamaica, with participating in an international fraudulent lottery/sweepstakes scheme. The United States Attorney’s Office today announced the unsealing of the amended Indictment, which names 26 individuals who are alleged to have participated in the scam.
In Bismarck, U.S. Attorney Timothy Purdon said, “Law enforcement has done an outstanding job unravelling the complex allegations in this case. We unsealed the Indictment in order to be able to again warn North Dakotans that, if someone contacts you over the telephone telling you that you have won a lottery that you did not enter, hang up the telephone because it’s a scam.” Purdon continued, “It is a long way from Jamaica to North Dakota; however, as long as there are allegations that fraudsters are targeting our citizens, the Federal Bureau of Investigation and the U.S. Postal Inspection Service will continue to pursue the wrongdoers, wherever they may be.”
O’Hara was arrested on allegations that he and his co-conspirators ran a lottery scam in Jamaica that fraudulently induced elderly victims throughout the United States to send millions of dollars to them to cover “fees” for lottery winnings that victims had not in fact won. O’Hara is alleged to have acted as a money courier who would travel to the United States to pick up victim monies and transport it to Jamaica. According to the Indictment, upon his return to Jamaica from the United States in November 2013, O’Hara was stopped by Jamaican Custom officials at Sangster International Airport with $105,000 in U.S. Currency in his possession; the cash is alleged to be proceeds of the lottery scam.
O’Hara has been charged with conspiracy to commit mail and wire fraud, wire fraud, and money laundering conspiracy. If convicted, he faces a statutory maximum sentence of 30 years per count, a possible fine, mandatory restitution, and possible forfeiture of property.
As of this arrest, the Department of Justice has now charged the following individuals in connection with the scheme:
Lavrick Willocks, 25, of Jamaica
Mario Hines, aka Buju Ramos, 20, of Jamaica
Gregory Gooden, 32, of Jamaica
Gareth Billings, 25, of Jamaica
Akil Gray, 23, of Jamaica
Dario Palmer, aka Innocent Palmer, 22, of Jamaica
Mikael Omarr Gillette, 24, of Miramar, Florida
Shannon O’Connor, 30, of Deerfield Beach, Florida
Christina Renee Hogarth, 25, of Pembroke Pines, Florida
Kimberly Carlo-Jean Hudson, 23, of Jamaica
Xanu Ann Morgan, 21, of Jamaica
Sherlet Anetta Love, 39, of Jamaica
Jason Joseph Jahalal, 24, of Jamaica
Kazrae Gray, age unknown, of Jamaica
Dahlia Elaine Hunter, 49, of Jamaica
Sanjay Williams, 25, of Jamaica
Samantha Brown, 28, of Palm Desert, California
James Hayes Simpson, 72, of Owensboro, Kentucky
Tristan Fisher, 27, of Jamaica
Ricardo Augustus Bryan, 32, of North Lauderdale, Florida
O’Neil Brown, 30, of Jamaica
AlrickMcLeod, aka Birdman, aka Z-Bird, 28, of Jamaica
Natalie Dougherty, 33, of Florence, South Carolina
Lindsay Mattig, 20, of Los Angeles, California
Charles Calvin Bauder, 54, of Jefferson, Texas
Deon-Ville Antonio O’Hara, 24, of JamaicaPurdon singled out the North Dakota office of the Federal Bureau of Investigation (FBI), the U.S. Postal Inspection Service (USPIS) in Florida, and the North Dakota Attorney General’s Consumer Protection and Antitrust Division (CPAT) for special recognition of their tireless efforts in this ongoing investigation and also thanked a number of other participating law enforcement offices in North Dakota and throughout the world, including U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI); United States Marshals Service (USMS); North Dakota Bureau of Criminal Investigation (NDBCI); Harvey, North Dakota, Police Department; Iberia Parish, Louisiana, Sheriff; Placer County, California, Sheriff; Charleston County, South Carolina, Sheriff; Pembroke Pines, Florida, Police Department; Jamaican Operations Linked to Telemarketing (JOLT) Task Force; Jamaican Constabulary Force (JCF); and, JCF Lottery Scam Task Force (LSTF).
Purdon stressed that an Indictment or Complaint is simply the method by which a person is charged with criminal activity and raises no inference of guilt.
An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
Berthold Man Sentenced on Federal Firearm ChargesRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on May 27, 2014, Gary Steven Hinton, of Berthold, N.D., was sentenced before U.S. District Judge Daniel L. Hovland on one count of possession of a firearm and ammunition by a convicted felon.
Judge Hovland sentenced Hinton to 51 months’ imprisonment to be followed by three years of supervised release. Hinton was also ordered to pay a $100 special assessment to the Crime Victims Fund.
On January 14, 2013, Ward County law enforcement officials responded to a report of a domestic violence incident occurring in Berthold, N.D. Upon arrival, officers found Gary Steven Hinton at the residence. Officers located two handguns in a backpack in Hinton’s vehicle. Officers also discovered that a third handgun had been disassembled. The barrel of the gun was found in Hinton’s vehicle and the remainder of the gun was found in a toolbox in the garage.
Hinton was prohibited from possessing a firearm due to felony convictions, including the following: two counts of delivery of a controlled substance in Ward County (ND) in 2008; and reckless endangerment in Ward County (ND) in 2009.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Ward County Sheriff’s Office, the North Dakota Parole and Probation Office, and the Ward County Narcotics Task Force.
Assistant U.S. Attorney David Hagler prosecuted the case.
Fargo Man Sentenced to 9 ½ Years for Possession of Sexually Explicit Materials Involving MinorsRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on May 21, 2014, Jared Tyler Allen, 28, Fargo, N.D., was sentenced before U.S. District Judge Ralph R. Erickson to 9 ½ years for receipt and possession of material involving the sexual exploitation of minors. Allen was also sentenced to 10 years of supervised release, ordered to pay $1000 in restitution and a $200 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, 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 Allen’s apartment located in South Fargo where task force officers seized two computers, including the computer that was previously seen with child pornography on the P2P network. A subsequent forensic examination of the two computers revealed more than 3,400 images and 175 videos depicting child pornography.
The case was investigated by Homeland Security Investigations, North Dakota Bureau of Criminal Investigation, and the Fargo Police Department.
Assistant U.S. Attorney Jennifer Klemetsrud 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 marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.Bismarck Man Sentenced for Child Pornography ChargeRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that onMay 19, 2014, Preston Bushard, 33, Bismarck, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of receipt of materials involving the sexual exploitation of minors. Bushard pleaded guilty to the charge on Feb. 3, 2014.
Judge Hovland sentenced Bushard to serve 15 years in federal prison, to be followed by 10 years of supervised release. Bushard was ordered to pay a $100 special assessment to the Crime Victim’s Fund.
In August 2012 law enforcement officials found Bushard to be in possession of child pornography, which he had downloaded from the Internet onto his computer from January 2012 until August 2012. Bushard has a previous conviction for possession of materials involving the sexual exploitation of minors.
The case was investigated by Homeland Security Investigations, North Dakota Bureau of Criminal Investigation, and U.S Probation & Pretrial Services.
This case was brought as a part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Assistant U.S. Attorney Gary Delorme prosecuted the case.
U.S. Attorney Timothy Purdon to Discuss Human Trafficking at North Dakota Motor Carriers Association Annual Convention in FargoRead the Press Release
FARGO – U.S. Attorney Timothy Purdon will join North Dakota Attorney General Wayne Stenehjem and Truckers Against Trafficking Executive Director Kendis Paris in addressing the topic of Human Trafficking in North Dakota at the North Dakota Motor Carriers Association (“NDMCA”) Annual Convention at the Ramada Plaza Suites in Fargo at 3:30 p.m. on Wednesday,
May 14, 2014.U.S. Attorney Purdon said, “Attorney General Stenehjem and I are pleased to join Truckers Against Trafficking and the North Dakota Motor Carriers Association in the discussion of human trafficking. Human trafficking is a growing concern for law enforcement here in North Dakota. While Attorney General Stenehjem and I are working together to address this issue, we recognize that we need help in these efforts. Our friends at Truckers Against Trafficking and North Dakota Motor Carriers know that members of the trucking industry and individual truckers are invaluable in the fight against this heinous crime. As the eyes and ears of our nation's highways, they are in a unique position to make a difference and close loopholes to traffickers who seek to exploit our transportation system for their personal gain. We look forward to working with these great partners to stamp out this horrible crime.”
Following remarks by U.S. Attorney Purdon and Attorney General Stenehjem, Kendis Paris from Truckers Against Trafficking will present to the NDMCA on training opportunities that Truckers Against Trafficking can make available to individual trucking companies so they can continue their assistance in the effort to fight human trafficking in North Dakota.
Human Trafficking Presentation to NDMCA
OPEN PRESS: 3:30 p.m. to 4:15 p.m.
Who: United States Attorney Timothy Purdon North Dakota Attorney General Wayne Stenehjem Executive Director Kendis Paris, Executive Director Where: Ramada Plaza Suites Fargo, N.D. When: Wednesday, May 14, 2014 3:30 p.m. to 4:15 p.m.The media is welcome to the OPEN PRESS session from 3:30 p.m. to 4:15 p.m.
Fargo Man Sentenced to 12 Years for His Role in the Death of Local MusicianRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on May 8, 2014 Nathan William Evenson, 27, Fargo, N.D., was sentenced to serve 12 years in prison for conspiracy to distribute a controlled substance, before U.S. District Judge Ralph R. Erickson.
The investigation revealed that Evenson and other co-conspirators would receive shipments of heroin from a source in Minneapolis, Minn., and would distribute them to various people in the F-M area. Evenson and co-defendants Seth Lund and Nicole Wadsworth distributed the heroin that resulted in physical injury and contributed to the death of Cody Conner of Fargo, N.D. Seth Lund was previously sentenced to 7 years in prison. Wadsworth is scheduled for sentencing on June 2, 2014, at 10:30 a.m. U.S. District Court.
Judge Erickson also sentenced Evenson to serve three years supervised release, pay $4367.50 in restitution and a $100 special assessment to the Crime Victims Fund.
The case was investigated by the Drug Enforcement Administration and the Fargo Police Department.
First Assistant U.S. Attorney Chris Myers prosecuted the case.
Montana Man Sentenced for Coercion & Enticement of a MinorRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on May 6, 2014, Clayton L. Lakey, 34, Billings, Mont., pleaded guilty and was sentenced by U.S. District Judge Daniel L. Hovland on a charge of coercion and enticement of a minor.
Defendant Lakey is the first defendant to be convicted and sentenced as a result of Operation Vigilant Guardian, a joint anti-Human Trafficking investigation by the North Dakota Bureau of Criminal Investigation and Homeland Security Investigations aimed at “johns” trying to arrange sex with underage human trafficking victims online. The investigation resulted in the arrest on federal charges of 14 defendants in Williston and Dickinson, N.D., in October and November of 2013.
In Bismarck, United States Attorney Timothy Purdon said, “When I learned that 14 people had been arrested in western North Dakota on charges of using the Internet to try and arrange sexual encounters with underage girls, I was deeply troubled. Human trafficking is, sadly, a growing concern in North Dakota. The Operation Vigilant Guardian prosecutions show that the United States Attorney’s
Office, with our state and federal law enforcement partners, will move swiftly and powerfully to attack the demand that fuels this horrible crime.”Judge Hovland sentenced Lakey to serve five years in federal prison, to be followed by 10 years of supervised release. Lakey was ordered to pay a $100 special assessment to the Crime Victim’s Fund. Lakey must register as a sex offender.
Between Nov. 21 and Nov. 23, 2013, Lakey communicated by computer and text with an undercover law enforcement officer. Lakey arranged to meet at a hotel room in Dickinson, N.D., to engage in sexual activity with a person he thought would be a juvenile in exchange for money. When Lakey arrived at the hotel room, he was placed under arrest.
This investigation was conducted by the North Dakota Internet Crimes Against Children Task Force and was a cooperative effort of the North Dakota Bureau of Criminal Investigation and Homeland Security Investigations.
This case was brought as a part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Assistant U.S. Attorney Gary Delorme prosecuted the case.