District of North Dakota
Press releases recorded for this federal judicial district.
Fort Yates Man Sentenced for Child AbuseRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on Nov. 4, 2013, Terry Holy Elk Face, 21, Fort Yates, N.D., pleaded guilty and was sentenced by U.S. District Judge Daniel L. Hovland on a charge of child abuse in Indian country.
Judge Hovland credited Holy Elk Face for 159 days in custody, to be followed by two years of supervised release. Holy Elk Face was ordered to pay a $100 special assessment to the Crime Victim’s Fund.
On Dec. 22, 2012, Holy Elk Face hit a child in the face, which caused the child to fall into a piece of furniture. The child’s injuries were not life threatening.
The case was investigated by the Bureau of Indian Affairs – Standing Rock Agency.
Assistant U.S. Attorney Gary Delorme prosecuted the case.
California Woman Pleads Guilty to Threatening Minot Air Force BaseRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on Nov. 4, 2013, Tiffany S. Anderson, 24, Lompoc, California, pleaded guilty in U.S. District Court on two counts of communicating a threat to destroy property by explosive and one count of interstate threatening communications.
On Nov. 6, 2012, and on Dec. 19, 2012, Anderson called the Minot Air Force Base from California and falsely reported there was a bomb on the base. On Dec. 20, 2012, Anderson called the Minot Public Schools Head Start program located at the Minot Air Force Base and threatened to shoot children at the school. During her plea hearing, Anderson admitted she made the threats in an attempt to cause trouble for her former boyfriend who was an Airman stationed at the base. Anderson disguised the number she was calling from by using a Voice Over Internet Protocol (“VOIP”) service. Through their investigation, law enforcement agents were able to determine the calls were made by Anderson from her iPhone.
Each charge carries a statutory maximum penalty of 10 years in federal prison and a $250,000 fine.
The case was investigated by the Federal Bureau of Investigation and Minot Air Force Base Office of Special Investigations.Sentencing for Anderson has been scheduled for Feb. 3, 2014, in U.S. District Court in Bismarck, N.D., at 9:00 a.m.
Assistant U.S. Attorney Rick Volk is prosecuting the case.
Wisconsin Man Found Guilty of Possessing Child PornographyRead the Press Release
FARGO – U.S. Attorney Timothy Q. Purdon announced that on Oct. 25, 2013, Robert Carey Evans, 58, of Waukesha, Wis., was found guilty by a 12-person jury of 14 counts of possession of materials containing child pornography. The jury deliberated approximately three hours before returning the guilty verdicts. U.S. District Judge Ralph R. Erickson presided over the four-day trial.
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.
An agent from Homeland Security Investigations eventually traced the computers to Evan’s apartment located in South Fargo. Evans, a resident of Wisconsin, was living and doing consultant work in Fargo at the time. 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 videos depicting mostly young girls engaged in sexually explicit conduct.The case was investigated by Homeland Security Investigations, North Dakota Bureau of Criminal Investigation and the Fargo Police Department.
Sentencing for Evans has been set for Jan. 15, 2014, in Fargo.
Assistant U.S. Attorney Jennifer Klemetsrud Puhl is prosecuting the case.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys’ Offices, Project Safe Childhood 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.
Cannonball Woman Sentenced to 19 Years for MurderRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on Sept. 30, 2013, Alisha Crow Ghost, 23, Cannonball, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of second degree murder. Crow Ghost pleaded guilty to the charge on June 24, 2013.
Judge Hovland sentenced Crow Ghost to nineteen years and seven months in federal prison, to be followed by five years of supervised release. Crow Ghost was ordered to pay restitution of $5,000 and to pay a $100 special assessment to the Crime Victim’s Fund.
On Nov. 10, 2012, Crow Ghost stabbed a man at a residence in Cannonball, N.D. The man died as a result of the injuries he sustained.
The case was investigated by the Bureau of Indian Affairs – Standing Rock Agency and the Federal Bureau of Investigation.
Assistant U.S. Attorney Gary Delorme prosecuted the case.
Cannonball Man Sentenced for ArsonRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on Sept. 30, 2013, Phoenix Martinez, 19, Cannonball, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of arson. Martinez pleaded guilty to the charge on June 7, 2013.
Judge Hovland sentenced Martinez to three years and four months in federal prison, to be followed by five years of supervised release. Martinez was ordered to pay restitution of $354,100 and to pay a $100 special assessment to the Crime Victim’s Fund.
On July 25, 2012, Martinez set fire to the St. James Episcopal Church in Cannonball. The church building was a total loss.
The case was investigated by the Federal Bureau of Investigation, the Bureau of Indian Affairs – Standing Rock Agency and the Bureau of Alcohol, Tobacco, Firearms & Explosives.
Assistant U.S. Attorney Gary Delorme prosecuted the case.
Belcourt Man Convicted of Assault with a Dangerous WeaponRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on Sept. 25, 2013, Jason A. Azure, 31, Belcourt, N.D., was found guilty by a federal jury in U.S. District Court on a charge of assault with a dangerous weapon.
On May 6, 2013, Azure stabbed a tribal security officer in the face with a butter knife. The injury resulted in a cut to the officer’s cheek, which required medical treatment.
The charge of assault with a dangerous weapon carries a statutory maximum penalty of 10 years in federal prison and a $250,000 fine.
The case was investigated by Bureau of Indian Affairs – Turtle Mountain Agency.
Sentencing for Azure has not been scheduled.
Assistant U.S. Attorney Brandi Sasse Russell is prosecuting the case.
Rolla Woman Sentenced to 30 Years for Sexual Exploitation of a MinorRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on Sept. 23, 2013, Michelle Laducer, 38, Rolla, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on two charges of sexual exploitation of a minor. Laducer pleaded guilty to the charge on June 17, 2013.
Judge Hovland sentenced Laducer to serve 30 years in federal prison, the statutory maximum, to be followed by lifetime supervised release. Laducer was ordered to pay restitution of $1,223.16 and to pay a $200 special assessment to the Crime Victim’s Fund. Laducer was also ordered to register as a sex offender.
Laducer produced numerous images of a minor engaging in sexually explicit conduct using a cellular smart phone with camera capabilities. Laducer also transported a juvenile within North Dakota so that another adult could take sexually explicit pictures of the juvenile. This conduct occurred between Jan. 1, 2012 to Dec. 31, 2012.
The case was investigated 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, the North Dakota Parole & Probation, 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.
Mexican Citizen Sentenced for Reentry of Deported AlienRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on Sept. 23, 2013, Manuel Perez-Ambrosio, 35, of Posa Rica, Veracruz, Mexico, pleaded guilty and was sentenced by U.S. Senior Judge Patrick A. Conmy on a charge of reentry of deported alien.
Judge Conmy sentenced Perez-Ambrosio to serve two years and six months in federal prison.
On July 10, 2013, Perez-Ambrosio was encountered by the Minot Police Department during a traffic stop in Minot, N.D. Perez-Ambrosio did not possess any identification documents and U.S. Border Patrol officials were contacted. They discovered that Perez-Ambrosio was a citizen of Mexico and in the United States illegally. He had previously been deported from the United States in February 2013. Prior to deportation, he had been convicted of assault with a deadly weapon, a felony, in California state court in 2012.
The case was investigated by the Minot Police Department and the United States Border Patrol.
Assistant U.S. Attorney David Hagler prosecuted the case.
Fort Totten Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
FARGO – U.S. Attorney Timothy Q. Purdon announced that on Sept. 23, 2013, Charles Marcus Lambert, of Fort Totten, N.D., was sentenced before U.S. District Judge Ralph R. Erickson on a charge of failure to register as a sex offender. Lambert, 33, pleaded guilty to the charges on June 17, 2013.
Judge Erickson sentenced Lambert to 14 months’ imprisonment to be followed by five years of supervised release. He was also ordered to pay a $100 special assessment to the Crime Victim’s Fund.
As the result of a sexual abuse conviction in U.S. District Court on May 11, 2006, Lambert was required to register his address with appropriate authorities in the jurisdiction in which he resides. During the course of his supervised release, Lambert was provided and signed the Notice and Acknowledgment of Duty to Register as Sex Offender on Jan. 12, 2012. At that time, he registered a residence in St. Michael, N.D., as the place he resided. However, from December of 2012 to February of 2013, Lambert did not reside at the registered address and his whereabouts were not known to his supervising probation officer.
The case was investigated by the U.S. Marshals Service.
Assistant U.S. Attorney Janice M. Morley prosecuted the case
U.S. Attorney’s Office Announces Settlement of Claims Against Private Prisoner Transport Company for Violation of Jeanna’s ActRead the Press Release
BISMARCK- U.S. Attorney Timothy Purdon announced the settlement of the United States’ civil claims against private prisoner transport company Extradition Transport of America, L.L.C. (ETA). The United States had sued ETA alleging violations of the Interstate Transportation of Dangerous Criminals Act of 2000 (also known as “Jeanna’s Act”) relating to the October 2011 escape of Joseph M. Megna from ETA’s custody at the Oriska Rest Area along Interstate 94 in North Dakota. This suit was the first ever filed under Jeanna’s Act and sought restitution and civil penalties based on the escape of a prisoner froma private prisoner transport company.
Under the terms of the settlement, ETA has agreed to reimburse state, federal, and local law enforcement authorities approximately $70,000 for expenses relating to the re-capture of Megna. In addition, ETA will pay a $10,000 civil monetary penalty, the maximum penalty allowed for a violation of Jeanna’s Act, to the United States. A Consent to Entry of Judgment signed by ETA owner Billy G. Taylor, and
summarizing the terms of the settlement was filed today in United States of America v. Extradition Transport of America, L.L.C., United States District Court, District of North Dakota, Case No. 3:12-CV-0046.In Bismarck, U.S. Attorney Timothy Purdon said, “This groundbreaking lawsuit should send a clear message to the prisoner transport industry: follow the rules and keep the dangerous prisoners in your custody secure or face severe financial penalties under Jeanna’s Act.” U.S. Attorney Purdon added, “I also want to recognize the efforts of our Civil Division in producing this outstanding result. The dedicated men and women of our Civil Division don’t always get the recognition of our criminal prosecutors, but they too work hard and produce great results for the citizens of North Dakota and the United States.”
On October 4, 2011, ETA’s employees were transporting Megna and six other prisoners through North Dakota in a van. ETA was to transport Megna from Florida to Washington to face a felony charge of child molestation in the first degree. At the time of the escape, Megna was a registered sex offender with prior criminal convictions in Washington. Of those seven prisoners, six, including Megna, were considered “violent prisoners.” ETA’s van stopped at the Oriska Rest Area in Barnes County to allow the prisoners to use the restroom. Megna later told authorities that he used a bobby pin found on the floor of the ETA van to pick the locks on his handcuffs, waist chain and leg irons. In addition to failing to detect that Megna was not properly restrained, the ETA employees left Megna and one other prisoner unattended, with the transport van door unlocked. Megna seized the opportunity to escape from the van and flee into a cornfield north of the interstate.
Approximately 60 law enforcement personnel from 14 state, federal, and local agencies were mobilized and spent 22 hours containing the area and searching for Megna, using aircraft and other specialized equipment. Megna was captured the next day, but only after the Barnes County Sheriff formed a posse of local farmers to harvest the corn in which Megna was hiding, flushing him out. During this “harvest,” armed law enforcement officers were stationed on the farmers’ combines to protect the farmers operating the machinery.
Barnes County Sheriff Randy McClaflin said, “I would like to extend a well-deserved ‘Thank You’ to all law enforcement agencies that participated in capturing Megna. This successful effort shows the great cooperation and dedication of North Dakota law enforcement officers.” Sheriff McClaflin also expressed his appreciation for the help the officers received from the surrounding communities, particularly the local farmers who teamed up to harvest the cornfield in which Megna was hiding. “These folks were instrumental in apprehending Megna without any further delays,” Sheriff McClaflin said.
Law enforcement agencies participating in the operation included Barnes County Sheriff’s Office, Cass County Sheriff’s Office, Jamestown Police Department, Valley City Police Department, West Fargo Police Department, Fargo Police Department, Moorhead Police Department, North Dakota Bureau of Criminal Investigation, North Dakota Game and Fish Department, North Dakota Highway Patrol, U.S. Customs and Border Protection, U.S. Fish & Wildlife Service, Bureau of Alcohol, Tobacco, Firearms and Explosives, and U.S. Marshals Service. Cass County Sheriff Paul D. Laney said, “It’s incidents like this that demonstrate the quality of the relationship between the community itself and their local, state and federal law enforcement officers. We all came together to solve an immediate issue, which was the apprehension of the suspect, and then in the aftermath the prosecution of the escapee and the U.S. Attorney’s Office holding the transport company accountable for the incident. Teamwork like this makes me proud to be a law enforcement officer in North Dakota.”
Jeanna’s Act was enacted in response to the escape of convicted murderer Kyle Bell while being transported between correctional facilities by a private prisoner transport company. Bell had sexually assaulted and murdered 11-year-old Jeanna North in Fargo, N.D., in 1993; he was convicted of murder and sentenced to life in prison. In October 1999 Bell escaped while being transferred by a private prisoner transport company. Bell was re-apprehended in Texas three months later.
Bismarck Man Sentenced for Possession of Child PornographyRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on Sept. 16, 2013, Cory Scherer, 31, Bismarck, N.D., pleaded guilty and was sentenced by U.S. District Judge Daniel L. Hovland on a charge of possession of materials involving the sexual exploitation of minors.
Judge Hovland sentenced Scherer to serve four years and three months in federal prison, to be followed by 10 years of supervised release. Scherer was ordered to pay a $100 special assessment to the Crime Victim’s Fund.
Scherer possessed numerous computer files that contained visual depictions of minors engaging in sexually explicit conduct.
This investigation was initiated 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.
Rolla Woman Sentenced for Bank Fraud & Criminal MischiefRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on Sept. 10, 2013, Nicole Rogers, 25, Rolla, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of bank fraud. Rogers pleaded guilty to the charge on March 28, 2013.
Judge Hovland sentenced Rogers to two months in custody, to be followed by three years of supervised release. Rogers was ordered to pay a $100 special assessment to the Crime Victim’s Fund and $2100 in restitution.
In October 2012 Rogers presented checks with forged signatures to Dacotah Bank in Belcourt. Rogers withdrew and attempted to withdraw money by representing she was entitled to the money.
In a separate case, on Sept. 10, 2013, Rogers pleaded guilty and was sentenced by U.S. District Judge Daniel L. Hovland on a charge of criminal mischief.
On Feb. 23, 2013, Rogers used a sharp object to scratch a vehicle which belonged to another person.
Judge Hovland sentenced Rogers to two months in federal custody, to be followed by one year of supervised release. Rogers was ordered to pay a $25 special assessment to the Crime Victim’s Fund and $250 in restitution.
The case was investigated by the Bureau of Indian Affairs – Turtle Mountain Agency.
Assistant U.S. Attorney Brandi Sasse Russell prosecuted the case.
Belcourt Man Sentenced for Interstate Transportation of Stolen Vehicle & Interstate Violation of Protection OrderRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on Sept. 10, 2013, David L. Lilley, 27, Belcourt, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on charges of interstate transportation of a stolen vehicle and interstate violation of protection order. Lilley pleaded guilty to the charges on May 30, 2013.
Judge Hovland sentenced Lilley to three years in federal prison, to be followed by five years of supervised release. Lilley was ordered to pay a $200 special assessment to the Crime Victim’s Fund and $1,418.21 in restitution.
On Feb. 17, 2013, Lilley stole a vehicle and took a juvenile from the Turtle Mountain Indian Reservation and traveled to Iowa. Lilley was prohibited from having contact with the juvenile because of a protection order issued by the Turtle Mountain Tribal Court.
The case was investigated by the Federal Bureau of Investigation, the Bureau of Indian Affairs – Turtle Mountain Agency and the Iowa Highway Patrol.
Assistant U.S. Attorney Brandi Sasse Russell prosecuted the case.
Belcourt Man Pleads Guilty to Assaulting Federal OfficerRead the Press Release
BISMARCK– U.S. Attorney Timothy Q. Purdon announced that on Sept. 10, 2013, Michael Jackson, 30, Belcourt, N.D., pleaded guilty in U.S. District Court to a charge of assaulting and resisting a federal officer.
On May 7, 2013, a police officer with the Bureau of Indian Affairs – Turtle Mountain Agency, attempted to detain Jackson and put him into a patrol vehicle. Jackson resisted and kicked the officer in the knee.
The charge of assaulting and resisting a federal officer carries a statutory maximum penalty of 20 years in federal prison and a $250,000 fine.
The case was investigated by the Bureau of Indian Affairs – Turtle Mountain Agency and the Federal Bureau of Investigation.
Sentencing for Jackson has been scheduled for Dec. 20, 2013, in U.S. District Court in Bismarck, N.D., at 9:00 a.m.
Assistant U.S. Attorney Brandi Sasse Russell is prosecuting the case.
Bismarck Man Convicted of Felon in Possession ChargeRead the Press Release
BISMARCK– U.S. Attorney Timothy Q. Purdon announced that on Sept. 6, 2013, Dylan A. Romero, 34, Bismarck, N.D., was found guilty by a federal jury on a charge of possession of firearm by a convicted felon.
In August 2012, law enforcement officials received information that a prohibited person, known as “Twist,” was interested in obtaining a handgun. “Twist,” identified as Dylan Romero, contacted an undercover ATF agent and arrangements were made for Romero to obtain a handgun and $600 for an ounce of cocaine. The undercover ATF agent met with Romero on Sept. 26, 2012, in Bismarck. Romero provided the agent with an ounce of fake cocaine and Romero took the gun, which was locked and disabled. Law enforcement officials immediately arrested Romero.
Romero was prohibited from possessing a firearm due to eight felony convictions, including the following: 1998 burglary, 2001 possession of controlled substance (cocaine), 2009 delivery of imitation controlled substance, and 2009 possession of marijuana with intent to deliver.
The charge of possession of firearm by a convicted felon 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 Metro Area Narcotics Task Force, the Bismarck Police Department, the Burleigh County Sheriff’s Office, the North Dakota Parole and Probation Office, and the North Dakota Bureau of Criminal Investigation.
Sentencing for Romero has been scheduled for Dec. 16, 2013, in U.S. District Court in Bismarck, N.D., at 9:45 a.m.
Assistant U.S. Attorney David Hagler is prosecuting the case.
Fort Yates Man Pleads Guilty to Abusive Sexual ContactRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on Sept. 3, 2013, Steven Whiteman Jr., 43, Fort Yates, N.D., pleaded guilty in U.S. District Court to a charge of abusive sexual contact.
Whiteman admitted using force to engage in sexual contact with a woman on Nov. 4, 2011, in the Fort Yates area.
The charge of abusive sexual contact carries a statutory maximum penalty of 10 years in federal prison and a $250,000 fine.
The case was investigated by the Federal Bureau of Investigation, the Bureau of Indian Affairs – Standing Rock Agency and the Standing Rock Police Department.
Sentencing for Whiteman has been scheduled for Nov. 18, 2013, in U.S. District Court in Bismarck, N.D., at 10:00 a.m.
Assistant U.S. Attorney Gary Delorme is prosecuting the case.
Owner of West Fargo Tanning Salon Sentenced for Failure to Register as a Sex OffenderRead the Press Release
FARGO – U.S. Attorney Timothy Q. Purdon announced that on Aug. 28, 2013, Jared Holland, 28, of Fargo, N.D., was sentenced before U.S. District Judge Ralph R. Erickson for failing to register as a sex offender. Holland pleaded guilty to the charge on April 1, 2013.
Judge Erickson sentenced Holland to seven months and 15 days in prison to be followed by 10 years of supervised release with a condition that he be placed in home confinement for a period of seven months. Holland was also ordered to pay a $100 special assessment to the Crime Victims Fund.
On March 31, 2012, officers from the Fargo Police Department were dispatched to Holland’s residence in South Fargo on a domestic complaint. Thereafter, law enforcement discovered that Holland was a convicted sex offender. Specifically, Holland was convicted of second degree rape in Brown County, South Dakota, on September 23, 2003.
Following an investigation, law enforcement discovered that Holland, a Tier III sex offender, and his wife had moved to Fargo to operate Exclusive Tan, a tanning solon located in the Eagle Run Plaza in West Fargo. After the move, Holland failed to notify authorities of this employment, which he is required to do as a registered sex offender.
The case was investigated by the U.S. Marshals Service and the West Fargo Police Department.
Assistant U.S. Attorney Jennifer Klemetsrud Puhl prosecuted the case.
Mandan Man Found Guilty of Felon in Possession ChargesRead the Press Release
BISMARCK– U.S. Attorney Timothy Q. Purdon announced that on Aug. 28, 2013, James A. Siegrist, a/k/a James A. Robinson, 33, Mandan, N.D., was found guilty by a federal jury on a charge of possession of firearm by a convicted felon and a charge of possession of firearms and ammunition by a convicted felon.
On July 25, 2012, near Glen Ullin, N.D., Siegrist was handling a .45 caliber handgun when it discharged and struck a woman in the leg. On March 19, 2013, in Mandan, N.D., Siegrist was arrested and found to be in possession of three handguns.
Siegrist was prohibited from possessing either a firearm or ammunition by virtue of multiple felony convictions, including possession of a controlled substance, forgery, counterfeiting, possession of drug paraphernalia and theft of property.
The charges each carry 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 Morton County Sheriff’s Office and the Mandan Police Department.
Sentencing for Siegrist has been scheduled for Nov. 25, 2013, in U.S. District Court in Bismarck, N.D., at 10:00 a.m.
Assistant U.S. Attorney David Hagler is prosecuting the case.
Texas Man Sentenced for Bank Robbery in New EnglandRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on Aug. 26, 2013, Johnner J. Ward Jr., 29, Abilene, Texas, was sentenced by U.S. District Judge Daniel L. Hovland on a charge of bank robbery and a charge of use and carry of a firearm during and in relation to a crime of violence.
On the charge of bank robbery, Judge Hovland sentenced Ward to four years with the Bureau of Prisons. On the charge of use and carry of a firearm during and in relation to a crime of violence, Judge Hovland sentenced Ward to seven years with the Bureau of Prisons, which will run consecutively to the bank robbery sentence, to be followed by three years of supervised release. Ward was sentenced to pay a $200 special assessment to the Crime Victim’s Fund and restitution of $4,053.35.
On Oct. 18, 2012, at approximately 8:20 a.m., two men wearing black ski masks and carrying guns entered American Bank Center in New England, N.D. After obtaining money from a bank employee, the men fled the scene.
During the investigation it was discovered that shortly before the robbery, a man who matched the physical characteristics of one of the bank robbers had stopped at a gas station in New England and had purchased gas. Law enforcement obtained the video from the gas station and distributed a picture of the suspect. A detective with the Rapid City (S.D.) Police Department recognized the man as Colt Schneider. Further investigation led to the identity of the other man – Johnner Joe Ward Jr.
The police found that Schneider and Ward worked for a construction company in Rapid City and that they had worked on a construction job in New England a few months before the robbery.
On Nov. 10, 2012, Schneider was arrested in Sarasota, Fla.
On Nov. 2, 2012, Ward was arrested in Midland, Texas. On Feb. 22, 2013, Ward pleaded guilty to charges of bank robbery and use and carry of a firearm during and in relation to a crime of violence.
The case was investigated by the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, North Dakota Bureau of Criminal Investigation, Hettinger County Sheriff’s Department, North Dakota Highway Patrol, Dickinson Police Department, Bismarck Police Department, Rapid City Police Department, Midland (Texas) Police Department, Bradenton (Florida) Police Department, and Florida Game & Fish.
Schneider was convicted by a federal jury on Aug. 22, 2013, on charges of bank robbery and use and carry of a firearm during and in relation to a crime of violence. Sentencing for Schneider has been scheduled for Nov. 15, 2013, in U.S. District Court in Bismarck, N.D., at 10:00 a.m.
Assistant U.S. Attorney David Hagler prosecuted the case.
Dickinson Man Sentenced for Possession of Child PornographyRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on Aug. 26, 2013, David Fugere, 55, Dickinson, N.D., pleaded guilty and was sentenced by U.S. District Judge Daniel L. Hovland on a charge of possession of materials depicting the sexual exploitation of a minor.
Judge Hovland sentenced Fugere to serve one year and four months in federal prison, to be followed by three years of supervised release. Fugere was ordered to pay a $100 special assessment to the Crime Victim’s Fund. Fugere was also ordered to register as a sex offender.
From November 2001 until about October 2003, Fugere possessed 23 visual depictions of a minor engaging in sexually explicit conduct.
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 Dickinson Police Department.
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.
South Dakota Man Convicted of Bank Robbery in New EnglandRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on August 22, 2013, Colt D. Schneider, 19, Rapid City, S.D., was found guilty by a federal jury in U.S. District Court on a charge of bank robbery and a charge of use and carry of a firearm during and in relation to a crime of violence.
On October 18, 2012, at approximately 8:20 a.m., two men wearing black ski masks and carrying guns entered American Bank Center in New England, N.D. After obtaining money from a bank employee, the men fled the scene.
During the investigation it was discovered that shortly before the robbery, a man who matched the physical characteristics of one of the bank robbers had stopped at a gas station in New England and had purchased gas. Law enforcement obtained the video from the gas station and distributed a picture of the suspect. A detective with the Rapid City (S.D.) Police Department recognized the man as Colt Schneider. Further investigation led to the identity of the other man – Johnner Joe Ward, Jr.
The police found that Schneider and Ward worked for a construction company in Rapid City and that they had worked on a construction job in New England a few months before the robbery.
On November 10, 2012, Schneider was arrested in Sarasota, Fla.
On November 2, 2012, Ward was arrested in Midland, Texas. On February 22, 2013, Ward pleaded guilty to charges of bank robbery and use and carry of a firearm during and in relation to a crime of violence. He is scheduled to be sentenced on August 26, 2013.
The charge of bank robbery carries a statutory maximum penalty of 20 years in federal prison and a $250,000 fine. The charge of use and carry of a firearm during and in relation to a crime of violence carries a statutory maximum of life in federal prison and a $250,000 fine.
The case was investigated by the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, North Dakota Bureau of Criminal Investigation, Hettinger County Sheriff’s Department, North Dakota Highway Patrol, Dickinson Police Department, Bismarck Police Department, Rapid City Police Department, Midland (Texas) Police Department, Bradenton (Florida) Police Department, and Florida Game & Fish.
Sentencing for Schneider has been scheduled for November 15, 2013, in U.S. District Court in Bismarck, N.D., at 10:00 a.m.
Assistant U.S. Attorney David Hagler is prosecuting the case.
Warsaw Man Found Guilty of Federal Firearm ChargesRead the Press Release
FARGO – U.S. Attorney Timothy Q. Purdon announced that on Aug. 21, 2013, John Harry Woolsey, Jr., of Warsaw, N.D., was found guilty by a 12-person jury on one count of felon in possession of a firearm and one count of felon in possession of ammunition. The jury deliberated approximately 1 ¼ hours before returning guilty verdicts on both counts. U.S. District Judge Ralph R. Erickson presided over the
two-day trial.Woolsey, Jr., was found guilty of possessing a German-made 6-shot .22 short caliber revolver and Remington .22 short caliber ammunition. Federal firearm statutes prohibit possession of firearms and ammunition by a convicted felon. According to the Indictment filed, Woolsey, Jr. had been previously convicted in Arizona of three violent felonies for aggravated assault and resisting arrest in 2001 and 2006.
Woolsey, 38, formerly of Montana, moved to the Warsaw, N.D., area in July of 2011. In December of that year, Woolsey loaned the revolver to a friend. During the early morning hours of April 20, 2012, Woolsey, Jr., also gave the same friend a box of Remington .22 short caliber ammunition for the gun, which Woolsey, Jr. had possessed at his home in Warsaw, N.D. The revolver and ammunition were recovered by the Walsh County Sheriff’s Department later that morning at the scene of an attempted suicide near Ardoch, N. D.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives; Walsh County Sheriff’s Department; and the Grand Forks Narcotics Task Force (which includes officers from Grand Forks, Walsh, and Pembina County Sheriff’s Departments; Grand Forks, Grafton and University of North Dakota Police Departments, U.S. Border Patrol, and Homeland Security Investigations).
Sentencing for Woolsey, Jr. has been set for Nov. 7, 2013, in Fargo.
Assistant U.S. Attorney Scott J. Schneider is prosecuting the case.
Fargo Scrap Metal Dealer Sentenced for Failing to File an Income Tax ReturnRead the Press Release
FARGO – U.S. Attorney Timothy Q. Purdon announced that on Aug. 19, 2013, Hamzo Omerovic of Fargo, N.D., was sentenced before U.S. Magistrate Judge Karen K. Klein for willfully failing to file an income tax return for calendar year 2006. Omerovic pleaded guilty to the Class A Misdemeanor on March 25, 2013.
U.S. Attorney Timothy Q. Purdon said, “Failure to file tax returns is a serious crime which can result in prosecutions like this one. Those who criminally evade their duty to file and pay federal taxes unfairly shift their tax burden on to the backs of hard-working Americans who comply with the tax laws.”
"The term voluntary compliance means that each of us is responsible for filing a tax return when required and for paying the correct amount of tax," according to Special Agent in Charge Kelly R. Jackson of the St. Paul Field Office IRS Criminal Investigation. "That responsibility should not be taken lightly. Tax crimes have erroneously been referred to as victimless, but that position could not be more wrong since we all end up paying when someone attempts to evade our tax system."
Judge Klein sentenced Omerovic to five years of probation under the supervision of the U.S. Probation Office, including standard and special conditions of probation. Omerovic was ordered to pay restitution to the United States as determined pursuant to a civil tax audit for tax years 2006, 2007, and 2008. The audit will be conducted by the examination division of the Internal Revenue Service (IRS). Omerovic was also ordered to pay a $25 special assessment.Omerovic, 27, a self-employed scrap metal dealer, in 2006 purchased and obtained scrap metal in Fargo and the surrounding area, which he then sold to a number of scrap metal dealers, primarily in North Dakota and Minnesota. The investigation conducted by the IRS - Criminal Investigation Division, showed that Omerovic’s gross receipts for the year totaled in excess of $152,000, with an estimated tax loss, for sentencing purposes, of more than $30,000.
Omerovic admitted, in the plea agreement and in court, that he had willfully failed to file a 2006 income tax return with the IRS, even though he had earned sufficient gross income and knew he was required to file a return no later than April 17, 2007.
The case was investigated by the IRS - Criminal Investigation Division.
Assistant U.S. Attorney Scott S. Schneider is prosecuting the case.
U.S. Attorney Timothy Purdon to Give Keynote Remarks at Fargo Moorhead Pride RallyRead the Press Release
FARGO – U.S. Attorney Timothy Purdon will join with the Fargo Moorhead Pride Collective and Community Center, friends, neighbors, and community members from Fargo and Moorhead on Sunday, August 11, 2013, at 2:00 p.m. at the Fargo Civic Center West Lawn (102 3rd Street North, Fargo) to participate in the Fargo Moorhead Pride 2013 Rally. The Rally follows the Pride Parade in downtown Fargo. U.S. Attorney Purdon will deliver the keynote speech at the Rally.
U.S. Attorney Purdon said, “Over the past year, great strides have been made on the road to LGBT equality in the United States, and the Department of Justice has been a part of that effort. Here in North Dakota, we have much work to do to on our journey to ensure equality, opportunity and justice for every North Dakotan, regardless of identity or orientation. At the North Dakota United States Attorney’s Office we stand ready to do our part to promote opportunity and access for every individual.”
Fargo Moorhead Pride 2013 is an annual event produced by the Fargo Moorhead Pride Collective and Community Center. The Center opened in October of 2000 with the purpose of creating a safe and inclusive space for LGBTs of the area. The Center’s mission is “to create a sense of community and promote education and social activities aimed at furthering the social and physical well-being and development of the LGBT community in the Red River Valley.” The Center is currently located at Townsite Center, 810 4th Avenue South, Suite 202, in Moorhead.U.S. Attorney Timothy Purdon to Take Part in National Night OutRead the Press Release
BISMARCK – U.S. Attorney Timothy Purdon will join law enforcement and community leaders on Tuesday, August 6, 2013, at Elmwood Park in West Fargo, N.D., from 5:00 p.m. to 9:00 p.m. as part of the 30th Annual National Night Out crime and drug prevention event.
National Night Out is designed to heighten crime and drug prevention awareness; generate support for and participation in local anti-crime efforts; strengthen neighborhood spirit and police-community partnerships; and send a message to criminals letting them know neighborhoods are organized and fighting back.
U.S. Attorney Purdon said, “National Night Out is a perfect opportunity for neighbors to join with their law enforcement and community partners to demonstrate that crime does not rule the night and that criminals have no safe haven when the sun goes down. I look forward to joining my colleagues on Tuesday to help continue to spread the important message that we are all in this together.”
National Night Out organizers are expecting over 16,000 communities and 38 million people nationwide to take part in community events on Tuesday.
Cantarero-Sanchez Sentenced for Conspiracy to Transport Illegal AlienRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on July 31, 2013, Darwin Cantarero-Sanchez, 26, of Honduras, was sentenced by U.S. District Judge Patrick A. Conmy on a charge of conspiracy to transport illegal alien and a charge of improper entry by an alien. Cantarero-Sanchez pleaded guilty to the charges on May 7, 2013.
Judge Conmy sentenced Cantarero-Sanchez to serve one year and one day in federal prison on the charge of conspiracy to transport illegal alien and 117 days to serve concurrently on the charge of improper entry by an alien. Cantarero-Sanchez was ordered to pay a $110 special assessment to the Crime Victim’s Fund.
On April 6, 2013, at approximately 1:30 a.m., Cantarero-Sanchez and seven other individuals were apprehended approximately one half-mile south of the Sherwood, North Dakota, Port of Entry. All eight individuals had just illegally crossed the border into the United States without having been inspected or admitted by an immigration official.
Two of the subjects stated that they had paid Cantarero-Sanchez to smuggle them into the United States from Montreal, Quebec, Canada, to the Sherwood Port of Entry. Cantarero-Sanchez then led the group around the port of entry crossing and illegally into the United States.
The case was investigated by the United States Border Patrol (Portal and Bottineau), the Renville County Sheriff’s Department, the Bottineau County Sheriff’s Department, the Sherwood Police Department and the Royal Canadian Mounted Police.
Assistant U.S. Attorney David Hagler prosecuted the case.
North Dakota U.S. Attorney’s Office to Host Third Annual Tribal Consultation ConferenceRead the Press Release
BISMARCK - North Dakota U.S. Attorney Timothy Purdon has announced that the North Dakota U.S. Attorney’s Office Third Annual Tribal Consultation Conference will be held on August 1, 2013, at the James Henry Community Center on the campus of United Tribes Technical College in Bismarck, N.D.
In Bismarck, U.S. Attorney Timothy Purdon said, “We are pleased to host our third consultation conference with the Tribes in North Dakota. Open lines of communication between the Tribes and the U.S. Attorney’s Office is key to our Anti-violence Strategy for Tribal Communities. This annual conference allows all parties interested in improving public safety on the reservations in North Dakota the chance to discuss the issue and identify areas for cooperation and improvement.”
U.S. Attorney Purdon added, “The purpose of this Tribal Consultation Conference is to bring together tribal leaders and law enforcement leaders from across the state to discuss how the U.S. Attorney’s Office can help improve public safety in tribal communities in North Dakota. We will listen to tribal concerns in breakout sessions on pressing issues such as domestic violence and juvenile justice.
We will also hear from Tribal leaders, our federal law enforcement partners, the Chief Judge of the United States District Court, Ralph R. Erickson, the North Dakota Indian Affairs Commission, and child protection professionals. By bringing these key stakeholders together, the U.S. Attorney’s Office’s hopes to continue our march forward toward safer tribal communities.”
Tribal Consultation Conference Schedule:
OPEN PRESS: 9:00 a.m. to 2:15 p.m.
* Welcoming Ceremony: 9:00 a.m.
* United States Attorney Timothy Purdon Remarks: 9:30 a.m.
* Conference Speakers: 10:00 a.m.- 2:15 p.m.The North Dakota U.S. Attorney’s Office 2013 Tribal Consultation Conference will be held on August 1, 2013, at the James Henry Community Center on the campus of United Tribes Technical College in Bismarck.
The media is welcome to the OPEN PRESS session from 9:00 a.m. to 2:15 p.m.
Belcourt Man Pleads Guilty to Assaulting Federal OfficerRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on July 26, 2013, Cameron J. Gooden, 18, Belcourt, N.D., pleaded guilty in U.S. District Court to a charge of assaulting and resisting a federal officer.
On Dec. 24, 2012, a correctional officer at the Turtle Mountain Correctional Facility in Belcourt attempted to remove Gooden from the shower area to return him to his cell. When the officer attempted to enter the shower area, Gooden slammed a metal shower door on the officer pinning him between the door and the metal frame, causing the officer to sustain a rib fracture.
The charge of assaulting and resisting a federal officer carries a statutory maximum penalty of 20 years in federal prison and a $250,000 fine.
The case was investigated by Bureau of Indian Affairs – Turtle Mountain Agency.
Sentencing for Gooden has been scheduled for Oct. 18, 2013, in U.S. District Court in Bismarck,, N.D., at 1:15 p.m.
Assistant U.S. Attorney Brandi Sasse Russell is prosecuting the case.
Belcourt Man Sentenced for Sexual AbuseRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on July 19, 2013, Nodin J. Azure, 25, Belcourt, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of sexual abuse. Azure pleaded guilty to the charge on Jan. 23, 2013.
Judge Hovland sentenced Azure to five years’ and 10 months’ imprisonment to be followed by five years of supervised release. He was ordered to pay a $100 special assessment to the Crime Victim’s Fund and to pay restitution in the amount of $3,136.41. Azure was also ordered to register as a sex offender.
On May 24, 2011, Azure went into a bedroom where a woman was sleeping and proceeded to have sexual intercourse with her. When the victim awoke, she pushed Azure off of her, fled the residence, and drove to the hospital. This offense occurred on the Turtle Mountain Indian Reservation.
The case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs – Turtle Mountain Agency.
Assistant U.S. Attorney Brandi Sasse Russell prosecuted the case.
Fort Yates Man Sentenced for Assault with a Dangerous WeaponRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on July 18, 2013, Duane Kidder, 24, Fort Yates, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on two counts of assault with a dangerous weapon. Kidder pleaded guilty to the charges on April 11, 2013.
Judge Hovland sentenced Kidder to serve two and one-half years on each charge. The sentences are to run concurrently followed by three years of supervised release. Kidder was also ordered to pay a $200 special assessment to the Crime Victim’s Fund. Kidder was ordered to pay restitution, joint and several with co-defendant Jewett in the 2012 charge, in the amount of $5,848.63.
On Jan. 16, 2012, Kidder assisted co-defendant Lionel Jewett in assaulting a woman in Fort Yates. Jewett assaulted the woman by using a garden hoe and a fence post pounder. Jewett pleaded guilty on Aug. 20, 2012. The victim’s injuries required medical treatment but were not life threatening.
In a separate incident, on Jan. 30, 2013, Kidder assaulted a woman by kicking her in the face with his foot while he was wearing shoes. The injury to the woman required medical treatment.
On April 29, 2013, Lionel Jewett, 21, Fort Yates, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on two counts of burglary, a count of assault with intent to commit murder, and two counts of assault with a dangerous weapon. Jewett pleaded guilty to the charges on Aug. 20, 2012.Judge Hovland sentenced Jewett to serve six years in federal prison, to be followed by three years of supervised release. Jewett was ordered to pay $500 in special assessments to the Crime Victim’s Fund and $12,041.17 in restitution.
The case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs – Standing Rock Agency.
Assistant U.S. Attorney Gary Delorme prosecuted the case.
Tokio Man Pleads Guilty to Abusive Sexual ContactRead the Press Release
FARGO – U.S. Attorney Timothy Q. Purdon announced that on July 15, 2013, Jerome Louis Blackbird, Jr., of Tokio, N.D., pleaded guilty before U.S. District Judge Ralph R. Erickson to a charge of abusive sexual contact.
Blackbird, Jr., 56, pleaded guilty to engaging in sexual contact, over the clothing, with a minor female child. The incidents occurred between 2007 through 2009 on the Spirit Lake Indian Reservation.
The charge of abusive sexual contact carries a statutory maximum penalty of four years’ imprisonment.
The case was investigated by the Federal Bureau of Investigation.
Sentencing for Blackbird, Jr. has been scheduled for Wednesday, Oct. 2, 2013, at 9:00 a.m. in Fargo.
Assistant U.S. Attorney Janice M. Morley is prosecuting the case.
St. Michael Woman Pleads Guilty to Felony Child Abuse and Witness TamperingRead the Press Release
FARGO – U.S. Attorney Timothy Q. Purdon announced that on July 15, 2013, Hope Louise Tomahawk Whiteshield, 32, of St. Michael, N.D., pleaded guilty before U.S. District Judge Ralph R. Erickson to one charge of felony child abuse, which caused the death of a young child, and one charge of witness tampering.
The incidents occurred in June of 2013 on the Spirit Lake Indian reservation.
In Fargo, U.S. Attorney Timothy Q. Purdon said, “The guilty pleas entered today by Hope Whiteshield are an important step in securing justice for the victims in this case. The North Dakota U.S. Attorney’s Office remains committed to protecting the children of Spirit Lake and all the Reservations in North Dakota and the primary way we serve that commitment is through the prosecution and conviction of those like Hope Whiteshield who commit crimes against children.”
Each charge carries a maximum penalty of 20 years’ imprisonment.
Under the terms of the Plea Agreement that was filed in this case, the United States will be recommending a total sentence of 30 years’ imprisonment on the two felony charges and the defendant has agreed not to seek a sentence of less than 25 years imprisonment.
The case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs.
Sentencing for Whiteshield will be scheduled at a later date.
Assistant U.S. Attorneys Janice M. Morley and Megan A. Healy are prosecuting the case.
St. Michael Man Sentenced for Burglarizing the Tokio Post Office and Conspiring to Commit Bank FraudRead the Press Release
FARGO – U.S. Attorney Timothy Q. Purdon announced that on July 12, 2013, Robert Redroad, Jr. of St. Michael, N.D., was sentenced before U.S. District Judge Ralph R. Erickson on charges of burglary of a post office and conspiracy to commit bank fraud. Redroad, Jr. pleaded guilty to the charges on April 16, 2013.
Judge Erickson sentenced Redroad, Jr. to 30 months’ imprisonment to be followed by three years of supervised release. He was also ordered to pay a $200 special assessment to the Crime Victim’s Fund.
On April 16, 2013, Redroad Jr. pleaded guilty to breaking into the Tokio Post Office on the Spirit Lake Indian Reservation and stealing a U.S. Treasury check made payable to another person. Redroad, Jr. forged the signature on the check and had another individual cash the check at Wells Fargo Bank in Moorhead, Minn. The incidents occurred in September of 2012 in the Districts of North Dakota and Minnesota.
The case was investigated by the U.S. Postal Inspection Service.
Assistant U.S. Attorney Janice M. Morley prosecuted the case.
Operation Winter's End Results in Drug Trafficking Charges Against 22 IndividualsRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced today the unsealing of a federal Indictment that charges a total of 22 defendants with drug trafficking offenses. The Indictment, which was filed on March 26, 2013, and unsealed today, is the result of Operation Winter’s End, a long-term, multi-agency investigation into the activities of an alleged drug trafficking organization that has purportedly been dealing heroin and methamphetamine on and around the Fort Berthold Reservation in northwest North Dakota.
In Bismarck, U.S. Attorney Purdon said, “The charges filed as a result of Operation Winter’s End are a first step to address the increased organized drug distribution activities on the Fort Berthold Reservation and in northwestern North Dakota. This Indictment will help make both reservation and non-reservation communities in the Bakken oil patch stronger and safer. The U.S. Attorney’s Office is committed to an anti-organized crime strategy in the Bakken oil patch that is built on close cooperation between federal, state, local, and tribal law enforcement agencies. With the help of these law enforcement partners, we will continue to do everything we can to address the growing threat of organized crime in this area.”
Special Agent in Charge Chris Warrener of the Federal Bureau of Investigation’s Minneapolis Field Office which includes North Dakota said, “Today’s 22 defendant Indictment of an ongoing investigation named Operation Winter’s End underscores the hard work and coordination of the FBI, BIA, various tribal law enforcement personnel of the Fort Berthold Reservation, along with the prosecutorial skills of the United States Attorney’s Office of North Dakota. This multi-jurisdictional investigation has struck a blow against a large national drug trafficking organization, which has plagued the good people of North Dakota.”
“Jurisdictional issues exist throughout Indian Country and working together with other federal, state and local agencies in a common goal is essential for Indian Country law enforcement,” said Bureau of Indian Affairs Special Agent in Charge Mario RedLegs. “This Operation affirms to the people of Fort Berthold that we are watching vigilantly and ensuring that they do have a safe place to live.”
Those charged with conspiracy to distribute and possess with intent to distribute methamphetamine and conspiracy to distribute and possess with intent to distribute heroin:
Horatio Lopez, a/k/a “Happy,” 33, Wasco, Calif.
Oscar Lopez, 28, Wasco, Calif.
Nathan David McKenzie, a/k/a/ Nate McKenzie, 33, Trenton, N.D.
Jaelyn Faith Crows Breast, 21, New Town, N.D.
Cassie Lynn Packineau, 22, New Town, N.D.
Donald T. Rasmussen, 26, New Town, N.D.
Kealoha Asaga Aulaumea, a/k/a “Sunga,” 21, New Town, N.D.
Bonita June Casarez, 29, New Town, N.D.
LaToya Christine Lone Bear, 31, Mandaree, N.D.
Guy Curtis Slates, 58, New Town, N.D.
Ashly June White, 27, New Town, N.D.
Elizabeth Ann Rodriguez, a/k/a Elizabeth Lockwood, a/k/a Liz Rodriguez, 27, New Town, N.D.
Sean Ray Conklin, 35, New Town, N.D.
Connie Rae Azure, 38, New Town, N.D.
Michael Jason Smith, 32, Evergreen, Colo.
Tomas David Hale, 20, New Town, N.D.
Gary Ray Foote, Jr., a/k/a “Bear,” 20, New Town, N.D.
Hailey Jo Deane, a/k/a Hailey Baker, 25, New Town, N.D.
Avis Gean Finley, 47, New Town, N.D.
Justin Lloyd Price, 24, New Town, N.D.
Akaka Katrina Aulaumea, 24, New Town, N.D.
Megan Darlene Overlie, 21, Minot, N.D.This investigation was a joint investigation by the Federal Bureau of Investigation and the Bureau of Indian Affairs – Drug Enforcement Unit, assisted by the Bureau of Indian Affairs – Law Enforcement Services, the Three Affiliated Tribes Police Department, the Three Affiliated Tribes Criminal Investigations, and the Bureau of Alcohol, Tobacco, Firearms & Explosives.
Purdon stressed that an Indictment 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.
Assistant U.S. Attorney Rick Volk is prosecuting the case.
Former Officers of American Mortgage Specialists Inc. Sentenced for $28 Million Fraud Against BNC National BankRead the Press Release
WASHINGTON – Scott N. Powers, the former CEO of Arizona-based mortgage loan originator American Mortgage Specialists Inc. (AMS), and David McMaster, a former officer of AMS, were sentenced today to serve 96 and 188 months in prison, respectively, for their roles in a $28 million scheme to defraud North Dakota-based BNC National Bank (BNC).
Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; U.S. Attorney Timothy Q. Purdon of the District of North Dakota; Christy Romero, Special Inspector General for the Troubled Asset Relief Program (SIGTARP); and Steve A. Linick, Inspector General of the Federal Housing Finance Agency Office of Inspector General (FHFA-OIG) made the announcement.
Powers and McMaster were sentenced by U.S. District Judge Daniel L. Hovland in the District of North Dakota. In addition to their prison terms, Powers and McMaster were each ordered to pay a money judgment to the government of approximately $28,564,470 and also to pay restitution to BNC bank in that same amount.
Powers and McMaster pleaded guilty on Oct. 19, 2012, to conspiracy to commit bank fraud and wire fraud affecting a financial institution.
According to court documents, Powers and McMaster conspired from October 2007 to April 2010 to defraud BNC by making false representations regarding the financial and operational condition of AMS in order to obtain funding from BNC and personal benefits for themselves. Using funds provided by BNC under a participation agreement, AMS made residential real estate mortgage loans to borrowers and then sold the loans to banks and other lenders. As part of their fraud, Powers and McMaster caused AMS to inflate the dollar amount of the sales and to delay sending email notifications to BNC when specific loans were sold, and then used funds from newly sold loans to make payments on the earlier-sold loans. Powers and McMaster also caused false financial information about AMS to be sent to BNC, overstating AMS’s cash-on-hand and disguising delinquent tax payments being made to the Internal Revenue Service as marketing and advertising expenses.
BNC was a national bank with headquarters in Bismarck, N.D., and offices in several states, including Arizona. The bank was a member of the Federal Home Loan Bank of Des Moines, one of 12 regional banks established by Congress to support mortgage lending. BNC’s holding company received approximately $20 million in federal funds from TARP, and the holding company injected approximately $18 million of the TARP funds into BNC.
The fraud resulted in a loss of over $28 million to BNC. As a result of the loss, BNC had to sell off some of its assets and the bank was unable to make its required dividend payments to TARP for nearly two years on approximately $17 million the bank had received from TARP.
Lauretta Horton, the former Director of Accounting for AMS, and David Kaufman, the external auditor for AMS, were previously sentenced for offenses related to the fraud.The investigation was conducted by agents assigned to SIGTARP and FHFA-OIG. The case is being prosecuted by Trial Attorney Robert A. Zink and Senior Litigation Counsel Jack B. Patrick of the Criminal Division’s Fraud Section and by Assistant U.S. Attorney Clare Hochhalter of the District of North Dakota, with the assistance of Trial Attorneys Ann Marie Blaylock and Darrin McCullough of the Criminal Division’s Asset Forfeiture and Money Laundering Section.
This case is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF), which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. Attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,900 mortgage fraud defendants.
Roseau Man Sentenced for Operating a Continuing Criminal Enterprise in Operation ‘Noah’s Ark’Read the Press Release
FARGO – First Assistant U.S. Attorney Lynn Jordheim announced that Noah Bergland of Roseau, Minn. was sentenced before U.S. District Judge Ralph R. Erickson on June 24, 2013, to charges of operating a continuing criminal enterprise and money laundering conspiracy. Bergland pleaded guilty to the charges on July 10, 2012.
Judge Erickson sentenced Bergland to 10 years’ imprisonment to be followed by three years of supervised release. Bergland was ordered to pay a $200 special assessment to the Crime Victim’s Fund and to forfeit $250,000 to the United States.
Operation Noah’s Ark was an Organized Crime Drug Enforcement Task Force (OCDETF) investigation that revealed an organization that brought cocaine, heroin, marijuana and ecstasy from the Twin Cities to various cities in North Dakota and Minnesota.
The areas of North Dakota where the organization distributed these drugs were Fargo, Grand Forks and Williston. The cities in Minnesota included Minneapolis, St. Paul, Alexandria, Thief River Falls and East Grand Forks. To date, there have been 30 defendants charged as part of this investigation on drug conspiracy and money laundering charges. Additional defendants that have been sentenced in this case include:
Brian Warren Briggs - Grand Forks, ND – Conspiracy to Distribute Controlled Substances and Money Laundering Conspiracy – 180 months (15 years) Anthony Ancona – Albuquerque, NM - Conspiracy to Distribute Controlled Substances – 120 months (10 years) Nicholas William Michael – Grand Forks, ND - Conspiracy to Distribute Controlled Substances – 96 months (8 years) Jacob Brian Skadsem – Fargo, ND - Conspiracy to Distribute Controlled Substances and Money Laundering Conspiracy – 74 months (6 years, 2 months) Vary Rattanasithy – Blaine, MN – Conspiracy to Distribute Controlled Substances and Money Laundering Conspiracy– 72 months (6 years) Andrew Michael Luehring – Fargo, ND - Conspiracy to Distribute Controlled Substances – 70 months (5 years, 10 months) Riley Kevin Wald – Fargo, ND – Conspiracy to Distribute Controlled Substances - 60 months Andrew Frank Przekwas – Roseau, MN - Conspiracy to Distribute Controlled Substances and Money Laundering Conspiracy – 48 months (4 years) Peter Philip Basting – Grand Forks, ND - Conspiracy to Distribute Controlled Substances – 48 months (4 years) Beau Ed Vasas – Spooner, WI - Conspiracy to Distribute Controlled Substances – 46 months (3 years, 8 months) Rachel Renee Dahl – Roseau, MN - Conspiracy to Distribute Controlled Substances – 36 months (3 years) Bryan Keith Cameron – Detroit Lakes, MN - Conspiracy to Distribute Controlled Substances and Money Laundering Conspiracy– 30 months (2 years, 6 months) James Robert Nord – Fargo, ND - Conspiracy to Distribute Controlled Substances (30 months (2 years, 6 months) Joel Garcia – Minneapolis, MN - Conspiracy to Distribute Controlled Substances – 30 months (2 years, 6 months) Chad Thomas Whitney – Grand Forks, ND - Conspiracy to Distribute Controlled Substances – 30 months (2 years, 6 months) Tony Joe Galle – East Grand Forks, MN - Conspiracy to Distribute Controlled
Substances – 27 months (2 years, 6 months) Kevin Ryan Magnuson – Fargo, ND - Conspiracy to Distribute Controlled Substances – 20 months (1 year, 8 months) Jamie Beth Johnston – Robbinsdale, MN - Conspiracy to Distribute Controlled Substances – 18 months (1 year, 6 months) Christopher Lee Webb – Burnsville, MN - Conspiracy to Distribute Controlled Substances – 15 months (1 year, 3 months) Alexandra Evelius – Minneapolis, MN – Conspiracy to Distribute Controlled Substances – 6 months and supervised release for 3 years Andrew Richard Block – Grand Forks, ND - Conspiracy to Distribute Controlled Substances – 6 months and 3 years of supervised probation Tara Lynn Lawrence – Minneapolis, MN – Conspiracy to Distribute Controlled Substances – 12 months electronic home monitoring with 3 years of supervised probation Clinton James Rooney – St. Paul, MN - Conspiracy to Distribute Controlled Substances – supervised probation for 3 years Timothy Michael Ploen – Edina, MN - Conspiracy to Distribute Controlled Substances – 6 months half-way house and supervised probation for 3 years Grant Kristjan Thorfinnson – Grand Forks, ND - Conspiracy to Distribute Controlled Substances – supervised probation for 2 years Additional defendants that have pleaded guilty for their role in the drug conspiracy and await sentencing are: Adam Wayne Nehk – Moorhead, MN – sentencing scheduled for July 18, 2013 Showin Keon Davis – Golden Valley, MN – sentencing scheduled for July 29, 2013 Markie Ann Plutowski – Grand Forks, MN – sentencing scheduled for July 29, 2013 Justin Michael Aaberg – Alexandria, MN – sentencing scheduled for September 23, 2013Operation Noah’s Ark was an investigation lead by Homeland Security Investigations (HIS), Internal Revenue Service-Criminal Investigation (IRS-CI), North Dakota Bureau of Criminal Investigations and the Grand Forks Police Department. Assisting agencies are the Drug Enforcement Administration (DEA) – Fargo Resident Office, Minnesota Bureau of Criminal Apprehension, and North Dakota Parole and Probation.
"This investigation is a terrific example of how federal, state and local law enforcement were able to work closely together to successfully dismantle a major narcotics smuggling organization," said Michael Feinberg, special agent in charge of HSI St. Paul, which covers North Dakota. "HSI will continue to utilize its broad authorities to target those individuals that pose direct threats to our communities."
“The role of Internal Revenue Service Criminal Investigation in narcotics investigations is to follow the money so we can financially disrupt and dismantle major drug trafficking organizations such as Operation Noah’s Ark. Today's sentencing of Noah Bergland and previously sentenced co-conspirators again emphasizes that the IRS-CI and the U.S. Attorney’s office will continue their aggressive pursuit of those who launder illegal drug profits,” said Kelly R. Jackson, IRS-CI, Special Agent in Charge, St. Paul Field Office. “IRS-CI is committed to unraveling complex financial transactions and money laundering schemes where individuals attempt to conceal the true source of their money.”
Assistant U.S. Attorney Chris Myers prosecuted the cases.
Cannonball Woman Pleads Guilty to Second Degree MurderRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on June 24, 2013, Alisha Crow Ghost, 23, Cannonball, N.D., pleaded guilty in U.S. District Court to a charge of second degree murder.
On Nov. 10, 2013, Crow Ghost stabbed a man at a residence in Cannonball, N.D. The man died as a result of the injuries he sustained.
The charge of second degree murder carries a maximum penalty of life in federal prison and a $250,000 fine.
The case was investigated by the Bureau of Indian Affairs – Standing Rock Agency and the Federal Bureau of Investigation.
Sentencing for Crow Ghost has been scheduled for Sept. 30, 2013, in U.S. District Court in Bismarck, N.D. at 10:00 a.m.
Assistant U.S. Attorney Gary Delorme is prosecuting the case.
St. Michael Woman Charged with Child Abuse in Death of a Toddler at Spirit LakeRead the Press Release
GRAND FORKS - U.S. Attorney Timothy Q. Purdon announced today that Hope Louise Tomahawk Whiteshield, of St. Michael, N.D., has been charged by Complaint with Child Abuse and Neglect in Indian Country.
Whiteshield, 31, made her first appearance before U.S. District Magistrate Judge Charles S. Miller, Jr., today at 3:30 p.m. The alleged incident involving the death of a two year old child, as described in the complaint, occurred on the Spirit Lake Indian Reservation on or about June 12, 2013.
Judge Miller ordered Whiteshield to be temporarily detained until her detention hearing on Monday, June 24, 2013, at 2:30 p.m. in Grand Forks, N.D.
In Fargo, U.S. Attorney Timothy Q. Purdon said, “The criminal complaint filed today represents the initial charges in this matter. The investigation into the circumstances of this tragedy is continuing. The protection of children is a top priority for my office and we are doing everything possible to thoroughly and deliberately investigate this matter.”
The charge of child abuse and neglect in Indian country carries a statutory minimum mandatory sentence of 10 years’ imprisonment and a statutory maximum sentence of 20 years’ imprisonment.
Purdon stressed that the 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.
The case is being investigated by the Federal Bureau of Investigation.
Assistant U.S. Attorney Janice M. Morley is prosecuting the case.
Cannonball Woman Sentenced for Two Counts of Involuntary ManslaughterRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on June 17, 2013, Barbara Iron Hawk, 28, Cannonball, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on two counts of involuntary manslaughter. Iron Hawk pleaded guilty to the charges on March 15, 2013.
Judge Hovland sentenced Iron Hawk to serve four years on each count to run consecutively for a total of eight years to serve in federal prison. Judge Hovland imposed a sentence greater than suggested by the Federal Sentencing Guidelines, indicating in court that this sentence was imposed because he believed the seriousness of Iron Hawk’s criminal history was underrepresented in the sentencing guideline range calculation. Judge Hovland noted that Iron Hawk’s tribal criminal history included in excess of 20 prior criminal violations involving the use of alcohol. Iron Hawk will be on supervised release for three years following the term of imprisonment. Iron Hawk was ordered to pay a $200 special assessment to the Crime Victim’s Fund and $130,146.38 in restitution.
On Nov. 8, 2012, Iron Hawk was operating a motor vehicle on N.D. Highway 24 between Cannonball and Solen, while she was intoxicated. The vehicle nearly entered the ditch on the right side of the road, but Iron Hawk over-corrected, causing the vehicle to cross the road and enter the opposite ditch, where the vehicle flipped multiple times. Two passengers in the vehicle died as a result of the injuries they sustained in the crash.
The case was investigated by the Bureau of Indian Affairs – Standing Rock Agency and the North Dakota Highway Patrol.
Assistant U.S. Attorney Gary Delorme prosecuted the case.
Cannonball Man Sentenced for Domestic Assault by a Habitual OffenderRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on June 17, 2013, Ira Plenty Chief, 26, Cannonball, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of domestic assault by a habitual offender. Plenty Chief pleaded guilty to the charge on March 25, 2013.
Judge Hovland sentenced Plenty Chief to serve two years and six months in federal prison, to be followed by three years of supervised release. Plenty Chief was ordered to pay a $100 special assessment to the Crime Victim’s Fund.
On July 14, 2012, Plenty Chief assaulted a woman by striking her in the face, which resulted in injuries to her eye and nose. Her injuries required medical attention. At the time, Plenty Chief had two convictions for domestic violence offenses in Standing Rock Tribal Court.
The case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs – Standing Rock Agency, with the assistance of the Standing Rock Tribal Prosecutor’s Office and the Standing Rock Tribal Court.
Assistant U.S. Attorney Gary Delorme prosecuted the case.
Selfridge Man Sentenced for Assault with a Dangerous WeaponRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on June 10, 2013, Curtis D. Jochim, 26, Selfridge, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of assault with a dangerous weapon. Jochim pleaded guilty to the charge on March 18, 2013.
Judge Hovland sentenced Jochim to serve one year and nine months in federal prison, to be followed by three years of supervised release. Jochim was ordered to pay a $100 special assessment to the Crime Victim’s Fund.
On July 5, 2012, Jochim assaulted a man using his teeth, a hammer and a broom. The man required medical attention for his injuries.
The case was investigated by the Bureau of Indian Affairs – Standing Rock Agency and the Federal Bureau of Investigation.
Assistant U.S. Attorney Gary Delorme prosecuted the case.
Minnesota Man Sentenced for Selling HeroinRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on June 10, 2013, Curtis D. Jochim, 26, Selfridge, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of assault with a dangerous weapon. Jochim pleaded guilty to the charge on March 18, 2013.
Judge Hovland sentenced Jochim to serve one year and nine months in federal prison, to be followed by three years of supervised release. Jochim was ordered to pay a $100 special assessment to the Crime Victim’s Fund.
On July 5, 2012, Jochim assaulted a man using his teeth, a hammer and a broom. The man required medical attention for his injuries.
The case was investigated by the Bureau of Indian Affairs – Standing Rock Agency and the Federal Bureau of Investigation.
Assistant U.S. Attorney Gary Delorme prosecuted the case.
Belcourt Man Sentenced for Two AssaultsRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on June 10, 2013, Joey M. Short, 25, Belcourt, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of assault resulting in serious bodily injury and a charge of assault with a dangerous weapon. Short pleaded guilty to the charges on March 14, 2013.
Judge Hovland sentenced Short to serve two years and nine months in federal prison, to be followed by three years of supervised release. Short was ordered to pay restitution of $17,963.21 and to pay a $200 special assessment to the Crime Victim’s Fund.
On July 18, 2012, Short struck a man in the head with a metal bar. The victim suffered a skull fracture and a concussion and required hospitalization.
On Oct. 19, 2012, Short assaulted another man by striking him in the head with a sledge hammer. The injury required numerous stitches to the victim’s head.
The case was investigated by the Bureau of Indian Affairs – Turtle Mountain Agency and the Federal Bureau of Investigation.
Assistant U.S. Attorney Brandi Sasse Russell prosecuted the case.
Cannonball Man Pleads Guilty to ArsonRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on June 7, 2013, Phoenix Martinez, 19, Cannonball, N.D., pleaded guilty in U.S. District Court to a charge of arson.
On July 25, 2012, Martinez set fire to the St. James Episcopal Church in Cannonball. The church building was a total loss.
The charge of arson carries a statutory maximum penalty of 25 years in federal prison and a $250,000 fine.
The case was investigated by the Federal Bureau of Investigation, the Bureau of Indian Affairs – Standing Rock Agency and the Bureau of Alcohol, Tobacco, Firearms & Explosives.
Sentencing for Martinez has been scheduled for Sept. 30, 2013, in U.S. District Court in Bismarck, N.D., at 9:00 a.m.
Assistant U.S. Attorney Gary Delorme is prosecuting the case.
West Fargo Man Sentenced for Possessing Child PornographyRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on June 5, 2013, Mark Robert Perry of West Fargo, N.D., was sentenced before U.S. District Judge Ralph R. Erickson on a charge of possession of materials involving the sexual exploitation of minors. Perry, 53, pleaded guilty on March 11, 2013, to the charge.
Judge Erickson sentenced Perry to 71 months’ imprisonment to be followed by five years of supervised release. Perry was also ordered to pay a $100 special assessment to the Crime Victim's Fund.
This case came to attention of law enforcement on March 6, 2012, after a North Dakota Bureau of Criminal Investigation agent discovered that Perry was trading child pornography files online.
The incidents occurred between Nov. 11, 2011, and March 2, 2012, in the District of North Dakota.
The case was investigated by Homeland Security Investigations, North Dakota Bureau of Criminal Investigation and the West Fargo Police Department.
Assistant U.S. Attorney Jennifer Klemetsrud Puhl prosecuted the case.
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 U.S. 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, visit www.projectsafechildhood.gov.Fort Yates Man Indicted for Sexual Abuse ChargesRead the Press Release
BISMARCK – First Assistant U.S. Attorney Lynn Jordheim announced that Donald Clark Luger, a/k/a Jody Luger, 62, Fort Yates, N.D., was indicted by a federal grand jury in May 2013 and is charged with aggravated sexual abuse of a child, abusive sexual contact and child abuse in Indian country.
Luger appeared in U.S. District Court in Bismarck on May 30, 2013, for an initial appearance and arraignment. Luger entered not guilty pleas to the charges. Luger is currently being detained by the U.S. Marshals Service pending trial on this matter. Trial is currently scheduled for July 23, 2013, at 9:30 a.m., in U.S. District Court in Bismarck.
The case is being investigated by the Federal Bureau of Investigation and Bureau of Indian Affairs - Standing Rock Agency.
Jordheim stressed that an indictment 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.
Assistant U.S. Attorney Gary Delorme is prosecuting the case.
Moorhead Man Pleads Guilty to Child Pornography ChargesRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on June 3, 2013, Dustin Howard Muscha, 32, of Moorhead, Minn., pleaded guilty before U.S. District Judge Ralph R. Erickson to two charges of sexual exploitation of minors and two charges of possession of materials involving the sexual exploitation of minors.
The incidents came to attention of law enforcement after a lost cellular phone was turned into the Sprint retailer in South Fargo. Sprint discovered a child pornography video involving a six-year-old girl on the cellular telephone and contacted law enforcement immediately. The cellular telephone, which was assigned to Dustin Muscha, was searched by Bureau of Criminal Investigation (BCI) forensic examiner Jim Shaw, who discovered additional child pornography videos involving two other children under the age of four years.
Through further investigation by BCI and Homeland Security Investigations (HSI), it was discovered that Muscha created the child pornography videos involving the prepubescent children between March of 2009 and September of 2012 in both Fargo and Moorhead. Muscha maintained these videos and other child pornography images on his cellular telephone which he lost at a Fargodome concert on September 29, 2012.
A search warrant was also obtained for Muscha’s storage unit located in South Fargo which revealed additional child pornography material.
The charge of sexual exploitation of minors carries a statutory minimum mandatory penalty of 15 years in prison and a statutory maximum penalty of 30 years’ imprisonment.
The charge of possession of materials involving the sexual exploitation of minors carries a statutory maximum penalty of 10 years’ imprisonment.
The case was investigated by the North Dakota Bureau of Criminal Investigations, Department of Homeland Security Investigation, and Moorhead and Fargo Police Departments.
Sentencing for Muscha has been scheduled for Aug. 29, 2013, in U.S. District Court in Fargo, N.D., at 9 a.m.
Assistant U.S. Attorney Jennifer Klemetsrud Puhl is prosecuting the case.
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 U.S. 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, visit www.projectsafechildhood.gov.
Press Advisory - Joint News Conference - New Telephone Lottery Scam Epidemic in North DakotaRead the Press Release
May 24, 2013BISMARCK, ND – Attorney General Wayne Stenehjem and United States Attorney Tim Purdon will hold a joint news conference to discuss state and federal efforts to combat a sudden increase in telephone lottery scams. This spring has seen a marked increase in reports of North Dakotans being victimized by these scams, which often target the elderly or other vulnerable members of our community.
When: North Dakota Attorney General’s Office 600 East Boulevard Ave, 1st floor Bismarck, ND Who: North Dakota Attorney General Wayne Stenehjem North Dakota United States Attorney Timothy Purdon F.B.I. Special Agent in Charge Chris Warrener United States Postal Inspection Team Leader Kate Nichols North Dakota Consumer Protection Director Parrell Grossman U.S.A.O. Criminal Chief Clare Hochhalter
Attorney General Stenehjem and United States Attorney Purdon will be joined by representatives of federal and state enforcement agencies.
Cannonball Woman Sentenced for Assault with a Dangerous WeaponRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on May 30, 2013, Maureen Red Stone, 30, Cannonball, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of assault with a dangerous weapon. Red Stone pleaded guilty to the charge on Dec. 18, 2012.
Judge Hovland sentenced Red Stone to two years in federal prison, to be followed by three years of supervised release. Red Stone was ordered to pay a $100 special assessment to the Crime Victim’s Fund and $2,008.58 in restitution.
On Sept. 29, 2012, Red Stone got into an argument with a man. Red Stone entered her van and drove toward the man and struck him with the front of the van. The man’s injuries were not life threatening.
The case was investigated by the Bureau of Indian Affairs – Standing Rock Agency, with the assistance of the Standing Rock Tribal Prosecutor’s Office.
Assistant U.S. Attorney Gary Delorme prosecuted the case.
St. Michael Man Sentenced for Involuntary ManslaughterRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on May 29, 2013, Jamie Lee Belgarde of St. Michael, N.D., was sentenced before U.S. District Judge Ralph R. Erickson on a charge of involuntary manslaughter. Belgarde pleaded guilty to the charge on March 6, 2013.
Judge Erickson sentenced Belgarde to two years’ imprisonment to be followed by three years of supervised release. Belgarde was ordered to pay restitution in the amount of $4,500 to the Spirit Lake Tribe and to pay a $100 special assessment to the Crime Victim's Fund.
On June 23, 2012, Belgarde, 38, while intoxicated and driving at a high rate of speed, failed to negotiate a curve in the road, causing the vehicle to leave the road. The vehicle vaulted, rolled, and eventually came to rest upside down in a field.
Belgarde’s brother, Donald Belgarde, Jr., who was a passenger in the vehicle, was pronounced dead at the scene. The incident happened on the Spirit Lake Indian Reservation.
The case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs.
Assistant U.S. Attorney Janice M. Morley prosecuted the case.