District of North Dakota
Press releases recorded for this federal judicial district.
Fort Totten Man Arrested for MurderRead the Press Release
Fargo – Acting United States Attorney Nick Chase announced that a federal grand jury has indicted Cody James Belgarde, age 34 of Fort Totten, ND, for First Degree Murder.
An indictment unsealed today alleges Belgarde shot to death a juvenile male on the Spirit Lake Reservation on January 14, 2021. The death was discovered after a report of a house fire at a residence in Fort Totten.
Grand jury Indictments are allegations and are not evidence of guilt. The defendant is presumed innocent unless and until he is proven guilt beyond a reasonable doubt at trial.
This case is being investigated by the Federal Bureau of Investigation with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives, Bureau of Indian Affairs, and the North Dakota Bureau of Criminal Investigation, and the case is being prosecuted by the United States Attorney’s office, with Assistant United States Attorney Lori H. Conroy assigned to the case.
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United States Attorney Resignation AnnouncementRead the Press Release
BISMARCK: Earlier today in brief letter to President Biden, United States Attorney Drew Wrigley resigned his office, effective February 28, 2021. Wrigley is the 19th Presidentially appointed United States Attorney in North Dakota history, and has been serving since being confirmed by the United States Senate in April of 2019. He previously served as the 17th United States Attorney, from 2001-2009.
Mr. Wrigley has served as United States Attorney for a combined total of ten years, and is the only North Dakotan to have been twice presidentially appointed United States Attorney and confirmed by the United States Senate.
The Department of Justice informed our office that, effective upon Mr. Wrigley’s resignation, current First Assistant United States Attorney Nick Chase will serve as the Acting United States Attorney, under the Vacancy Reform Act. Acting United States Attorneys serve until such time as a new United States Attorney is nominated by the President and confirmed by the United States Senate. Mr. Chase is an honors graduate of Minot State University, and the University of North Dakota Law School. He served two federal judicial clerkships, for United States Magistrate Judge Karen Klein and United States Circuit Court Judge Myron Bright, worked in private practice in the Fargo-Moorhead area, then Minneapolis, before he was hired in 2002 as an Assistant United States Attorney in Fargo
Statement of United States Attorney Drew Wrigley:
My heart is full of gratitude for having had the opportunity to serve my nation and state as United States Attorney. I thank each of the federal, state, local, and tribal law enforcement agencies, and the full array of government agencies and private stakeholder groups that strengthen the efforts of our office’s Civil and Criminal Divisions. I offer a special thanks to each individual or entity who has cooperated with our investigations or civil suits, especially the victims of crime. It has been a privilege to help shoulder the trust you placed in the United States Attorney’s office.
I thank President George W. Bush for first appointing me United States Attorney in 2001, and I appreciate the willingness of then-Senators Kent Conrad and Byron Dorgan to assist my unanimous confirmation in the United States Senate. I thank President Donald J. Trump for again appointing me United States Attorney in 2019, and I deeply appreciate the work of Senators John Hoeven and Kevin Cramer to secure my nomination and unanimous confirmation vote. They and their extraordinary staff were steadfast.
It has been my profound honor to serve with the civil division, criminal division, and administrative staff of the United States Attorney’s office. These men and women are dedicated, ethical public servants, and they are patriots who love our nation. We shared the privilege of pursuing justice every day, and I am so fortunate to have been able to serve as their colleague and leader.
Together, our office made tremendous progress on priorities like civil rights, violent crime, financial crime, Internet crimes against children, civil litigation defense of the United States, gun crimes, and narcotics trafficking on our Native American reservations. Internally as an office, we made tremendous strides on budget reprioritization, attorney and non-attorney hiring practices, transparency, salary structure and advancement, and the year-long battle with the COVID19 pandemic, during which we experienced no community spread in either of our two staffed offices.
Special thanks is also due for my family, dear friends, and closest associates. Their love, their support, and their constructive criticism have made the hard work and difficult decisions possible. They have also made every bright day even brighter.
It is with a deep sense of love and appreciation that I announce my departure as the United States Attorney. It has been the professional honor of my lifetime to stand before federal courts and begin the proceedings with these words: "Thank you, your honor; Drew Wrigley for the United States." Today and always, I offer my profound thanks to all who allowed me to share their journey."
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U.S. Attorney Wrigley Announces a Fargo Man Sentenced for Civil Disorder during the May 30, 2020, Fargo RiotsRead the Press Release
Fargo - United States Attorney Drew Wrigley announced that U.S. District Court Chief Judge Peter D. Welte sentenced Abdimanan Bana Habib, age 21 of Fargo, ND, to four months incarceration followed by three years of supervised released for the charge of Civil Disorder, 18 USC 231(a)(3). Judge Welte also ordered Habib to pay $2,500 in restitution.
On May 30, 2020, Habib participated in riots that erupted in Fargo following George Floyd’s death in Minneapolis. What started as peaceful protests in Fargo turned violent when rioters, including Habib, broke into several Fargo businesses and buildings, including JL Beers, Vinyl Taco, and the Exchange Building. In several instances, Habib is seen on video throwing what appeared to be rocks or debris toward police officers. Habib was also seen on video trying to ignite what appeared to be a bottle containing alcohol (aka: Molotov Cocktail), but was unsuccessful in doing so.
"The defendant crossed a line when he resorted to violence and destruction," said United States Attorney Drew Wrigley, "and his choice left him wrapped in a federal indictment for his conduct that further elevated a riot that caused property damage and was a threat to human life."
This case was investigated by the Federal Bureau of Investigation and the Fargo Police Department, and is being prosecuted by the United States Attorney’s office, with Assistant United States Attorney Alex Stock assigned to the case.
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Fargo Man Sentenced for Attempting to Derail a BNSF TrainRead the Press Release
Fargo – United States Attorney Drew Wrigley announced that U.S. District Court Chief Judge Peter D. Welte sentenced Skylar Dayne Goodman, age 19 of Fargo, ND, to four days’ incarceration followed by three years of supervised released for attempting to derail a Burlington Northern Santa Fe (BNSF) train in violation of 18 U.S.C. § 1992(a)(1) and corruptly attempting to obstruct an official proceeding in violation of 18 U.S.C. § 1512(c)(2). Judge Welte also ordered Goodman to pay $3,124 in restitution to BNSF Railway.
On May 7, 2020, a BNSF train was traveling from Brenkenridge, Minnesota to Black Thunder Mine in Wyoming when it approached a crossing one mile west of Casselton at which point it encountered a rough track. The crew on the train immediately reported the rough track and that same evening a train inspector discovered a re-railer. A re-railer is a tool used by railroading contractors to place a train back on the track after a derailment and they’re capable of causing a train to derail. A Re-railer is typically painted bright yellow in the event it is inadvertently left on the track. The re-railer discovered on the railroad track on the evening of May 7, 2020, was spray-painted black.
An investigation by the BNSF and FBI revealed that Skylar Goodman placed the rerailer on the track on the evening of May 7, 2020. Following his arrest for attempting to derail the train, an acquaintance of the defendant’s contacted law enforcement with an incredulous story that exonerated the defendant. Further investigation by BNSF and the
FBI revealed that this individual was threatened by defendant to fabricate a story that falsely exonerated defendant’s involvement in the attempted train derailment.
"This defendant planned and attempted a serious attack on critical infrastructure and human life, and then he obstructed the federal investigation," said United States Attorney Drew Wrigley, who added that "while we respect the judge in this matter, we take strong exception to a sentence that allows the defendant to walk free, avoiding the applicable guideline sentence of 2 to 2-1/2 years in federal prison."
This case was investigated by the Federal Bureau of Investigation, BNSF Police Department and Cass County Sheriff’s Department, and was prosecuted by Assistant United States Attorney Jennifer Puhl.
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U.S. Attorney Wrigley Announces the Arrest of a Lincoln Park, Michigan Man for Fentanyl PossessionRead the Press Release
BISMARCK - United States Attorney Drew Wrigley announced that a federal grand jury has indicted Larry Ownes III, age 25 of Lincoln Park, MI, for two counts of Possession with Intent to Distribute Fentanyl over 400 grams.
An indictment unsealed yesterday alleges Owens was arrested by MHA Drug Enforcement on June 10, 2020, while transporting hundreds of suspected fentanyl pills. After posting bond, Owens was again arrested on September 15, 2020, by the Ward County Narcotics Task Force. Owens was found in an apartment in Minot with over 5000 pressed fentanyl pills, numerous cellular phones and a large amount of cash.
"The fentanyl pills seized in this latest arrest have a street value of around $400,000, money that we have now extracted from the poison-pushers who grievously damage our communities," said US Attorney Drew Wrigley, "and we remain in hot pursuit of others."
Grand jury Indictments are allegations and are not evidence of guilt. The defendant is presumed innocent unless and until he is proven guilt beyond a reasonable doubt at trial.
This case is being investigated by the Ward County Narcotics Task Force, MHA Drug Enforcement and Homeland Security Investigation, and the case is being prosecuted by the United States Attorney’s office, with Assistant United States Attorney Jeremy A. Ensrud assigned to the case.
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Turtle Mountain Indian Reservation Man sentenced to 30 years in Federal Prison for Aggravated Sexual Abuse of a Minor ChildRead the Press Release
Fargo – United States Attorney Drew Wrigley announced that U.S. District Court Chief Judge Peter D. Welte has sentenced Roger Ricky Counts, age 52 of Dunseith, ND, to 30 years in federal prison for Aggravated Sexual Abuse, 18 USC 2241(c). Judge Welte also sentenced Counts to lifetime supervised release and $100 in special assessment fees.
In July 2017, the Federal Bureau of Investigation (FBI) began investigating Roger Counts for the sexual abuse of minors after an eight year old child disclosed that Counts had sexually abused the child. Counts was serving as foster parent for the victim at the time the abuse occurred, and had served as a foster parent for other children in the Turtle Mountain community. A jury found Counts guilty of aggravated sexual abuse of a child on February 14, 2020.
"The defendant’s horrifying conduct was magnified by his abuse of the trust placed in him as a foster parent," said United States Attorney Drew Wrigley, "and the child victim was courageous to come forward and share the truth about these crimes so that justice could be served."
This case was investigated by the FBI and the Bureau of Indian Affairs (BIA), and was prosecuted by Assistant United States Attorney Matthew Greenley.
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U.S. Attorney Wrigley Announces the Arrest of a Taylor, Michigan Man for Fentanyl DistributionRead the Press Release
BISMARCK - United States Attorney Drew Wrigley announced that a federal grand jury has indicted Barry Christopher Brown, Jr., age 28 of Taylor, MI, for Conspiracy to Distribute Controlled Substances and Possession with Intent to Distribute Controlled Substances (oxycodone, fentanyl, and fentanyl-related substance), and Forfeiture Allegation ($66,000 in US Currency).
The Indictment was unsealed yesterday, alleging that in January 2021, law enforcement agents executed a search warrant at Brown’s Bismarck hotel room and seized approximately 2,000 opiate pills that were made and designed to look like actual oxycodone 30mg pills, but contained fentanyl or a fentanyl-related substance. Agents also seized $24,000 in US Currency from the room, and another $42,000 from Brown’s person.
"This seizure of deadly fentanyl with a street value of approximately $160,000 is another direct hit against the poison pushers who we allege have targeted our Native American Communities," said United States Attorney Drew Wrigley.
Grand jury Indictments are allegations and are not evidence of guilt. The defendant is presumed innocent unless and until he is proven guilt beyond a reasonable doubt at trial.
This case is being investigated by the Drug Enforcement Administration (DEA) and the Metro Area Narcotics Task Force and the case is being prosecuted by the United States Attorney’s office, with Assistant United States Attorney Rick L. Volk assigned to the case.
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U.S. Attorney Wrigley Announces the Arrest of a Williston Man for Possession of Child PornographyRead the Press Release
BISMARCK - United States Attorney Drew Wrigley announced that a federal grand jury has indicted Damien Breding, age 45 of Williston, ND, for Receipt and Possession of Images Depicting the Sexual Exploitation of a Minor.
The Indictment was unsealed today, alleging that between August 2019 and April 2020, Breding was discovered communicating with a person who was, and had been, traveling to locations in Africa to engage in sexual acts and contacts with a minor. As the investigation continued, it was discovered that Breding was in possession of images depicting the sexual exploitation of a minor and had been communicating with a minor with whom he had received images depicting the minor engaging in sexual conduct.
Breding has entered not guilty plea to matters alleged in the Indictment and a trial has been scheduled for April 19, 2021. Breding has a prior conviction and as a result of the conviction, Breding could receive a 10 year minimum to 40 year maximum federal prison sentence.
"Sexual predators exploit technology to victimize children, and often share the photographic evidence of their heinous crimes," said United States Attorney Drew Wrigley, "these allegations will be pursued vigorously so that justice can be secured for these victims."
Grand jury Indictments are allegations and are not evidence of guilt. The defendant is presumed innocent unless and until he is proven guilt beyond a reasonable doubt at trial.
This case is being investigated by the Williston Police Department, North Dakota Bureau of Criminal Investigation, and the Department of Homeland Security Investigation and the case is being prosecuted by the United States Attorney’s office, with Assistant United States Attorney Gary Delorme assigned to the case.
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Minnesota Man sentenced to 22 years in Federal Prison for Large-scale Narcotics TraffickingRead the Press Release
Bismarck – United States Attorney Drew Wrigley announced that U.S. District Court Chief Judge Daniel Hovland has sentenced Terrell Armstrong, a/k/a Louis, a/k/a Looney, age 26 of Inver Grove Heights, MN, to 22 years in federal prison for Conspiracy to Distribute and Possession with Intent to Distribute Controlled Substances. Judge Hovland also sentenced Armstrong to five years of supervised release, to follow his prison sentence.
This investigation began in June 2018, when the Bismarck Police Department received information identifying methamphetamine traffickers from the Twin Cities known as "Dre" and "Louis". The investigation revealed that "Dre" and "Louis" were responsible for distributing over 40 pounds of methamphetamine and 3 pounds of heroin into the Bismarck-Mandan area. "Louis" was later identified as Terrell Armstrong and "Dre" as Danae Mansell, age 25, also of Inver Grove Heights, MN. As part of their wide-ranging investigation, Bismarck Police executed residential search warrants in January and February 2019. Approximately three pounds of methamphetamine, over 150 grams of heroin, over $11,000 in US Currency, and two loaded firearms were seized by authorities during the execution of the January 2019 search warrant. Execution of the February 2019 search warrant led to the seizure of over three additional pounds of methamphetamine, approximately 30 grams of heroin,
approximately $16,000 in US Currency, and one loaded firearm. Additional investigation determined that Armstrong and Mansell headed the drug trafficking ring. Armstrong routinely provided firearms to his subordinate traffickers he sent to North Dakota from Minnesota.
"The drugs seized in this investigation had a total street value of approximately $400,000.00," said United States Attorney Drew Wrigley, "that’s a devastating amount of poison that law enforcement stopped from entering our communities."
Danae Mansell plead guilty to his role in the methamphetamine and heroin trafficking enterprise and was sentenced on February 24, 2020 to 15 years in federal prison. In September 2019, a jury found Armstrong guilty for his involvement in the methamphetamine and heroin trafficking conspiracy.
This case was investigated by the Bismarck Police Department, Drug Enforcement Admiration (DEA) and the North Dakota Bureau of Criminal Investigation Crime Laboratory, and was prosecuted by Assistant United States Attorney Dawn M. Deitz.
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Two Virginia Men Sentenced for Unlawfully Transporting Waterfowl into the United States from CanadaRead the Press Release
Bismarck – United States Attorney Drew Wrigley announced, on February 1, 2021, United States Magistrate Judge Clare Hochhalter sentenced Larry Gene Childers, Jr., age 52 of Seaford, VA, on an offense of Unlawful Transport of Wildlife in Foreign Commerce (Lacey Act Violation), to two years probation and that this term of probation restrict Childers’ hunting privileges for a period of six months. Judge Hochhalter also sentenced Childers to pay a $7,500.00 fine to the Lacey Act Reward Account.
On October 17, 2019, Childers unlawfully transported 171 pounds of unidentifiable migratory waterfowl meat, approximately 207 birds, into the United States from Canada through the North Dakota Portal Port of Entry, in violation of Alberta, Canada law. During a search of Childers’ vehicle, United States Customs and Border Protection Officers located the 171 pounds of waterfowl meat in Childers’ truck after Childers stated on a customs declaration form that he was not bringing "meats, animals, animal/wildlife products" into the United States.
On March 11, 2020, codefendant Daniel Lusk, age 32, of Williamsburg, VA, pleaded guilty to Unlawful Transport of Wildlife in Foreign Commerce and, on November 9, 2020, was sentenced by Judge Hochhalter to 18 months’ probation for his role in this offense.
"This is an outrageous offense against all sport hunters and others who enjoy the splendor of North America’s migratory bird resource," said USA Drew Wrigley, "the regulation on such violations is aimed at preserving and enhancing the treasured outdoor experiences."
This case was investigated by the United States Fish and Wildlife Service and United States Customs and Border Protection, and was prosecuted by Assistant United States Attorney Jonathan J. O’Konek.
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Turtle Mountain Indian Reservation Man sentenced to 30 years in Federal Prison for Sexually Abusing Six ChildrenRead the Press Release
Fargo – United States Attorney Drew Wrigley announced that U.S. District Court Chief Judge Peter D. Welte has sentenced Roger Decoteau, age 65 of Belcourt, ND, to 30 years and 5 months in federal prison for Abusive Sexual Contact, 18 USC 2244. Judge Welte also sentenced Decoteau to lifetime supervision, to register as a sexual offender, and $200 in special assessment fees.
In November 2018, the Federal Bureau of Investigation (FBI) began investigating Roger Decoteau for the sexual abuse of minors after an eight year old child disclosed that Decoteau had sexually abused the child. The FBI continued its investigation, eventually securing evidence that Decoteau had sexually abused six children. The children were all under the age of 12 when Decoteau abused them, and each of the children viewed Decoteau as a trusted adult and foster parent. Decoteau has served as a foster parent in the Turtle Mountain community for nearly a decade.
On May 6, 2019, Decoteau was arrested and charged for multiple counts of child sexual abuse. Decoteau admitted to sexually abusing three minor females, claiming that he was "feeling helpless" so he "turned to the helpless."
"The defendant preyed upon children he had a responsibility to protect," said US Attorney Drew Wrigley, "and his deplorable exploitation of these children all but ensures that the final decades of his life will be spent in federal prison."
This case was investigated by the FBI and the Northern Plains Children’s Advocacy Center, and was prosecuted by Assistant United States Attorney Dawn M. Deitz.
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Major Detroit Michigan Opioid Dealer sentenced to 10 years in Federal Prison for Narcotic and Firearms ChargesRead the Press Release
Bismarck – United States Attorney Drew Wrigley announced that United States District Court Judge Daniel L. Hovland has sentenced Jorge Pitts, AKA "Jose", age 30 of Detroit, Michigan, to 10 years in federal prison for Possession with Intent to Distribute Oxycodone and Possession of a Firearm by a Prohibited Person. Judge Hovland also sentenced Pitts to 3 years supervised release and a $200 Special Assessment.
On January 25, 2018, Pitts was stopped for traffic violations in New Town, ND. In response to the defendant’s suspicious behavior at the scene of the stop, a drug detection canine was deployed and detected drugs in Pitts’ vehicle. During a subsequent search of the vehicle, officers found 1,650 oxycodone 30-mg pills separated into multiple plastic baggies concealed inside the driver’s side door panel. In this same area of the vehicle, Officers also located a loaded Sig Sauer .40 caliber pistol with a 12-round magazine and 13 rounds of .40 caliber ammunition. Pitts later pleaded guilty and admitted traveling to the Fort Berthold Indian Reservation from Michigan on multiple occasions beginning in or about 2016 and transporting between 800 and1,000 oxycodone 30-mg pills for distribution per trip. Pitts has a weapons felony conviction in 2009 and a possession of a firearm by a convicted felon in 2012, both of which make it illegal for him to carry a firearm or ammunition.
"Pitts was carrying illegal opioids with a street value of $130,000, and was bringing $70,000 in pills every time he trafficked this poison from Detroit to North Dakota," said United States Attorney Drew Wrigley, "those drug and firearm offenses landed him right where he belongs, far away in federal prison for the next decade."
This case was investigated by the Mandan Hidatsa & Arikara Division of Drug Enforcement; New Town Police Department; and Homeland Security Investigations, and was prosecuted by Assistant United States Attorney Rick L. Volk.
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U.S. Attorney Wrigley Announces the Arrest of a Lisbon, ND, Man for the Violent Ax Attack on U.S. Senator John Hoeven’s Office on December 21, 2020Read the Press Release
FARGO – United States Attorney Drew Wrigley announced that a federal grand jury has indicted Thomas Alexander Starks, age 30 of Lisbon, ND, for Damage of Government Property, 18 USC 1361. The Indictment was unsealed today alleging that on December 21, 2020, Starks went to the downtown Fargo office of United States Senator John Hoeven and using an ax, caused substantial damage to the windows, intercom system, and doorframe. The monetary damages caused by Starks’ exceed $1,000.
"The axe attack alleged in this indictment is another attempt to blur the line between threats and speech, resorting to violence in the name of political action" said US Attorney Drew Wrigley, "but we will not allow such incursions, and we will remain unyielding in our support of law enforcement, peaceful speech and lawfulness."
"Vicious and dangerous attacks like this – especially on a government official’s office - will not be tolerated by the FBI," said Michael Paul, special agent in charge of the FBI’s Minneapolis field office. "This defendant’s violent and destructive behavior reflects a total disregard for the rule of law. The defendant will now be held to account for his unlawful actions. The charges announced today reflect our steadfast commitment to identifying violent criminals, enforcing the law, and protecting elected officials from acts of violence," Paul added.
Grand jury Indictments are allegations and are not evidence of guilt. The defendant is presumed innocent unless and until he is proven guilt beyond a reasonable doubt at trial.
This case is being investigated by the Federal Bureau of Investigations, the Fargo Police Department and the Cass County Sheriff’s Office, and the case is being prosecuted by the United States Attorney’s office, with Assistant United States Attorney Richard Lee assigned to the case.
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U.S. Attorney Wrigley Announces a Carson, ND, Man was sentenced to 14 Years in Prison for Charges of Possession of Child Pornography and Impersonating a Federal OfficerRead the Press Release
Bismarck – United States Attorney Drew Wrigley announced that Robert James Zeller, Age 41 of Carson, ND, has been sentenced to federal prison for Possession of Images Depicting the Sexual Exploitation of a Minor and Impersonating a Federal Officer. Zeller pled guilty to the offenses on October 19, 2020, and was sentenced today by United States District Court Judge Daniel Hovland to 14 years in prison to be followed by 5 years of supervised release on a charge of possession of child pornography and 3 years in prison to be followed by 1 year of supervised release on a charge of impersonating a federal officer. Judge Hovland ordered these sentences to run concurrent with one another.
"The defendant was already a convicted sex offender when he attempted to re-victimized the same minor child by fraudulently posing as an official," said U.S. Attorney Wrigley, "and today’s sentencing underscores the severity of those crimes, aggravated by his recidivism and duplicity."
On November 22, 2018, while Zeller was on supervised release for committing a prior federal sex offense, he engaged in sexual acts with a minor female who had not attained 18 years of age, recorded these sexual acts on a cellular phone; and thereafter, possessed the videos containing the depictions of these sexual acts. Subsequently, on January 28, 2020, the defendant impersonated his federal probation officer, contacted the same minor female, and issued false threats against her in order to trick the minor female into providing him with videos, photographs, and personal information.
This case was investigated by the Grant County Sheriff’s Department, North Dakota Bureau of Criminal Investigation, and Bismarck Police Department and was prosecuted by Assistant United States Attorney Jonathan J. O’Konek.
U.S. Attorney Wrigley Announces two Quebec Men Extradited to North Dakota from Canada as part of ‘Operation Denial’Read the Press Release
FARGO – The United States Attorney’s Office, North Dakota, announced that Canadian authorities extradited two alleged members of an international fentanyl trafficking organization.
Acting Assistant Attorney General David P. Burns of the Justice Department’s Criminal Division, U.S. Attorney Drew H. Wrigley of the District of North Dakota, and U.S. Attorney Billy J. Williams of the District of Oregon made the announcement.
Jason Joey Berry, aka Daniel Desnoyers, 37, of Montreal, Quebec, and Xuan Cahn Nguyen, aka Jackie and Jackie Chan, 41, of Point-Aux-Tremble, Quebec, arrived in North Dakota Wednesday, January 6, 2021, and had their initial appearance and arraignment hearing before U.S. Magistrate Judge Alice Senechal on January 7, 2021. Their case is assigned to Chief U.S. District Judge Peter D. Welte.
Berry was arrested on Oct. 18, 2019, and Nguyen was arrested on Jan. 16, 2020. Both Berry and Nguyen were ordered surrendered by the Canadian Minister of Justice on Nov. 30, 2020. Berry and Nguyen were extradited in connection with a superseding indictment in the District of North Dakota charging them with conspiracy to distribute controlled substances and controlled substance analogues resulting in serious bodily injury and death, and conspiracy to import controlled substances and controlled substance analogues into the United States resulting in serious bodily injury and death. The superseding indictment also charges Nguyen with international money laundering conspiracy.
The extradition comes as part of "Operation Denial," an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation into the international trafficking of fentanyl and other lethal drugs, and was significantly aided by the national and international coordination led by the multi-agency Special Operations Division near Washington D.C. as part of "Operation Deadly Merchant." The investigation started in North Dakota on Jan. 3, 2015, with the overdose death in Grand Forks, North Dakota, of 18-year-old Bailey Henke.
Berry and Nguyen’s alleged co-defendant Daniel Vivas Ceron of Columbia was previously extradited from Panama to North Dakota in 2017. Vivas Ceron pled guilty on July 12, 2019, for his role in operating an international fentanyl trafficking organization from a Canadian prison and is awaiting sentencing.
This case is being investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Drug Enforcement Administration, U.S. Postal Inspection Service, Grand Forks Narcotics Task Force, Royal Canadian Mounted Police, Portland Oregon Police Bureau – Drugs and Vice Division, Portland HIDTA Interdiction Task Force, Oregon State Police, and the Grand Forks Police Department. The Justice Department’s Office of International Affairs provided significant assistance in bringing Berry and Nguyen to the United States and procuring foreign evidence during the investigation.
Trial Attorney Kaitlin Sahni of the Criminal Division’s Narcotic and Dangerous Drug Section, Assistant U.S. Attorney Christopher C. Myers of the District of North Dakota, and Assistant U.S. Attorney Tom Edmonds of the District of Oregon are prosecuting the cases.
An indictment is merely an allegation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Two Quebec Men Extradited to North Dakota from Canada as Part of ‘Operation Denial’Read the Press Release
The Department of Justice announced today that Canadian authorities extradited two alleged members of an international fentanyl trafficking organization.
Acting Assistant Attorney General David P. Burns of the Justice Department’s Criminal Division, U.S. Attorney Drew H. Wrigley of the District of North Dakota and U.S. Attorney Billy J. Williams of the District of Oregon made the announcement.
Jason Joey Berry, aka Daniel Desnoyers, 37, of Montreal, Quebec, and Xuan Cahn Nguyen, aka Jackie, aka Jackie Chan, 41, of Point-Aux-Tremble, Quebec, arrived in North Dakota Wednesday and had their initial court appearance and arraignment before U.S. Magistrate Judge Alice Senechal today. Their case is assigned to Chief U.S. District Judge Peter D. Welte.
Berry was arrested on Oct. 18, 2019, and Nguyen was arrested on Jan. 16, 2020, by Canadian authorities at the request of the United States. Both Berry and Nguyen were ordered surrendered by the Canadian Minister of Justice on Nov. 30, 2020. Berry and Nguyen were extradited in connection with a superseding indictment in the District of North Dakota charging them with conspiracy to distribute controlled substances and controlled substance analogues resulting in serious bodily injury and death, and conspiracy to import controlled substances and controlled substance analogues into the United States resulting in serious bodily injury and death. The superseding indictment also charges Nguyen with international money laundering conspiracy.
The extradition comes as part of “Operation Denial,” an Organized Crime and Drug Enforcement Task Force (OCDETF)-funded investigation into the international trafficking of fentanyl and other lethal drugs, aided by the national and international coordination led by the multi-agency Special Operations Division near Washington D.C. as part of “Operation Deadly Merchant.” The investigation started in North Dakota on Jan. 3, 2015, with the overdose death in Grand Forks, North Dakota, of 18-year-old Bailey Henke.
Berry and Nguyen’s alleged co-conspirator Daniel Vivas Ceron of Columbia was previously extradited from Panama to North Dakota in 2017. Vivas Ceron pleaded guilty on July 12, 2019, for his role in operating an international fentanyl trafficking organization from a Canadian prison and is awaiting sentencing.
This case is being investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Drug Enforcement Administration, U.S. Postal Inspection Service, Grand Forks Narcotics Task Force, Royal Canadian Mounted Police, Portland Oregon Police Bureau – Drugs and Vice Division, Portland HIDTA Interdiction Task Force, Oregon State Police, and the Grand Forks Police Department. The Justice Department’s Office of International Affairs provided significant assistance in bringing Berry and Nguyen to the United States and procuring foreign evidence during the investigation.
Trial Attorney Kaitlin Sahni of the Criminal Division’s Narcotic and Dangerous Drug Section, Assistant U.S. Attorney Christopher C. Myers of the District of North Dakota, and Assistant U.S. Attorney Tom Edmonds of the District of Oregon are prosecuting the cases.
An indictment is merely an allegation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Fargo Man Acknowledges Guilt and Pleads Guilty to Civil Disorder during the May 30th, 2020, Fargo RiotsRead the Press Release
Fargo – United States Attorney Drew Wrigley announced that Errick Toa, age 31 of Fargo, ND, originally from California, pleaded guilty before Chief Judge Peter D. Welte, U.S. District Court, Fargo, ND, for the charge of Civil Disorder, 18 USC 231 (a)(3), during the riots in Fargo, ND.
On May 30, 2020, Toa participated in riots that erupted in Fargo in response to George Floyd’s death in Minneapolis. What started as peaceful protest in Fargo turned violent when rioters, including Toa, jumped on top of a Fargo Police Department vehicle causing extensive damage. In one instance, Toa is seen on video stomping on the windshield of an occupied police vehicle, shattering the windshield.
Sentencing is scheduled for April 13, 2021, before Chief Judge Peter D. Welte.
"Peaceful assembly and protest help form the foundation of our democracy, but intimidation is not speech, violence is not speech, and destruction is not speech" said US Attorney Drew Wrigley, "those who employ the tactics of hate and violence have crossed a bright red line and will be brought to justice."
This case was investigated by the Federal Bureau of Investigation and the Fargo Police Department, and is being prosecuted by the United States Attorney’s office, with Assistant United States Attorney Richard Lee assigned to the case.
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Department of Justice Reaches Major Olmstead Settlement Agreement with North DakotaRead the Press Release
WASHINGTON – The Justice Department today announced a settlement agreement with the State of North Dakota under the Americans with Disabilities Act (ADA). The agreement resolves complaints alleging that North Dakota unnecessarily institutionalizes individuals with disabilities in nursing facilities, instead of providing them the services they need to live in the community.
“Today’s settlement is a great victory for the people of North Dakota and its government. The settlement agreement will ensure that individuals with disabilities are no longer unnecessarily institutionalized in nursing facilities. Instead, these individuals will be able to choose to remain in their own home, near family and friends,” said Assistant Attorney General Eric Dreiband. “We commend the State of North Dakota for making changes to its long-term care service system in a manner that will benefit both people with physical disabilities and their families, friends, and communities throughout the Peace Garden State. The settlement agreement is an important step towards inclusion, not just for the State, but as a model nationwide.”
“The settlement we reached ensures that thousands of North Dakotans with disabilities, including seniors, will have a meaningful choice for where they wish to live, including in their own private home,” said U.S. Attorney Drew Wrigley, “that is the sacred promise of the Americans with Disabilities Act, and I commend our state partners who joined my office and the Department of Justice in securing for North Dakotans the right to age in place for today and all the years to come.”
Under the agreement, North Dakota will expand services to individuals with physical disabilities in, or at risk of entering, a nursing facility to allow them to live in their homes. The State will provide these services to more than 2,500 people with disabilities, helping them to assess their options, decide where they would like to live, and arrange for community-based services. These services include assistance in finding accessible housing and home health aides to help with daily activities such as bathing and dressing. As part of the agreement, North Dakota will also increase access to community-service providers.
Enabling people in nursing facilities, who choose and are appropriate for community-based care, to transition to the community is especially urgent during the Covid-19 pandemic, given the high risk of virus transmission in congregate settings.
July 26, 2020 marked the 30th Anniversary of the ADA. The Justice Department plays a central role in advancing the nation’s goal of equal opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities. Please visit the department’s ADA webpage to learn more about the ADA’s history and impact.
People interested in finding out more about the ADA or this settlement agreement can call the toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD), or access the ADA website at http://www.ada.gov.
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U.S. Attorney Wrigley Announces Charges for New York and Georgia Men for their Role in a $185,000 Scam of a North Dakota AttorneyRead the Press Release
FARGO - U.S. Attorney Drew H. Wrigley announced the unsealing of a complaint charging Inshan Baksh, age 32 from Queens, New York, and Sang Bae Chung age 36 from Lawrenceville, Georgia, with wire fraud, mail fraud, and aiding and abetting wire and mail fraud for their role in illegally receiving and laundering funds as part of a scam, which targeted a North Dakota attorney. Specifically, scammers targeted this attorney and, by using an email spoof scam, tricked the attorney into wiring a total amount of $185,000 to three separate individuals or entities: Scott Anderson, Dorese Coles, and Krystal Fashion Corporation. None of the individuals or entities were entitled to receive these funds.
As stated in court records, Inshan Baksh, d/b/a Kristal Fashion Corporation, illegally received a $60,000 wire transfer from the attorney and, immediately thereafter, laundered the money by sending a cashier’s check in the amount of $31,850 to Sang Bae Chung, d/b/a De Nice Ware, Inc. The $31,850 cashier’s check was deposited in Chung’s De Nice Ware bank account and immediately thereafter, Chung attempted to wire $31,600 to another individual; however, the bank successfully recalled the wire transfer.
On June 3, 2020, a federal grand jury returned an indictment against Scott Anderson, 57 years old, Seattle, Washington, and Dorese Coles, 30 years old, Newport News, Virginia, on charges of wire fraud, mail fraud, and money laundering for their roles in illegally receiving $65,000 and $60,000 wire transfers respectfully from the attorney and then taking steps to launder the received funds.
Chung’s preliminary and detention hearing on the complaint occurred on December 1, 2020 in the United States District Court for the Northern District of Georgia. Baksh’s initial appearance on the complaint occurred on December 2, 2020 in the United States District Court for the Eastern District of New York. All future hearings for Chung and Baksh’s will be scheduled in the United States District Court for the District of North Dakota.
"Because of their professional role in our communities, attorneys are susceptible to being the targets of fraud schemes," said US Attorney Drew Wrigley. The State Bar of North Dakota recently alerted members that financial scammers have been targeting North Dakota attorneys. "We join the State Bar in cautioning attorneys to be mindful of financial scams, and will aggressively pursue individuals who commit these targeted crimes."
A complaint and an indictment are an accusation and notice of charges. The defendants are presumed innocent under the law.
This case is being investigated by the Federal Bureau of Investigation and is being prosecuted by the United States Attorney’s office, with Assistant United States Attorney Jonathan J. O’Konek assigned to the case.
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U.S. Attorney Wrigley Announces a Fort Totten Man was sentenced for Sexual Abuse of an Incapacitated PersonRead the Press Release
Fargo – United States Attorney Drew H. Wrigley announced that U.S. District Court Chief Judge Peter D. Welte sentenced Paul Henry Cavanaugh, age 55, from Fort Totten, ND, to serve 21 years and 8 months in federal prison, followed by supervised release for life and ordered to pay $100 special assessment to the Crime Victims’ Fund for the offense of Sexual Abuse of an Incapacitated Victim. On August 14, 2020, a jury found Cavanaugh guilty after a four-day trial in Fargo, the first federal criminal jury trial in North Dakota during the novel coronavirus pandemic.
This case came to the attention of law enforcement in March 2018, when the victim, an 18-year-old adult female, reported that while at Cavanaugh’s residence on the Spirit Lake Indian Reservation, he gave her alcohol and she consumed it and eventually feel asleep. The victim later woke up and discovered Cavanaugh was physically forcing her to engage in a sexual act while she was incapacitated.
This case was investigated by the Bureau of Indian Affairs and the North Dakota Crime Laboratory and was prosecuted by Assistant United States Attorneys Jacob T. Rodenbiker and Lori H. Conroy.
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U.S. Attorney Wrigley Announces the Arrest of a Grand Forks, ND, Man for a Felon Illegally in Possession of a FirearmRead the Press Release
Fargo - United States Attorney Drew Wrigley announced that a federal grand jury has indicted Aaron Kenneth Smith, age 30, Grand Forks, ND, for being a felon illegally in possession of a firearm, a violation of 18 USC 922(g)(1) and 924(a)(2). Smith had an active arrest warrant and was being stopped for a city ordinance violation, when he allegedly resisted arrest, fought with a Grand Forks Police Officer and attempted to retrieve something from his own front pants pocket. Grand Forks Officers were able to subdue Smith and discovered a handgun and two loaded magazines in the pocket Smith’s front pants pocket. Smith has several prior felony/domestic violence convictions in North Dakota and Minnesota, legally precluding him from possessing a firearm.
"The defendant’s prior convictions for violent offenses in North Dakota and Minnesota elevate this to a priority matter as we continue our anti-violence efforts," said US Attorney Drew Wrigley, "thankfully the bravery and professionalism of these officers carried the day."
Grand Jury Indictments are allegations and are not evidence of guilt. The defendant is presumed innocent unless and until he is proven guilty beyond a reasonable doubt at trial.
This case is being investigated by the Bureau of Indian Affairs (BIA), Bureau of Alcohol Tobacco and Firearms (ATF), and Grand Forks Police Department, and is being prosecuted by the United States Attorney’s office, with Assistant United States Attorney Richard Lee assigned to the case.
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U.S. Attorney’s Office Commemorates National Crime Victims’ Rights WeekRead the Press Release
FARGO – U.S. Attorney Drew H. Wrigley announced that on November 10, 2020, the U.S. Attorney’s Office for the District of North Dakota recognized individuals throughout the state who provide outstanding services to victims. Victim assistance awards were presented to the following individuals:
Assistant United States Attorney Victim Assistance Award – James Patrick Thomas, Assistant U.S Attorney, U.S. Attorney’s Office, Bismarck.
Support Staff Victim Assistance Award – Fallon Clouse, Supervisory Probation Officer, U.S. Probation, Minot.
Victim-Witness Advocate Assistance Award – Gene Hughes, Victim Specialist, Bureau of Indian Affairs, Aberdeen, SD.
Special Agent Victim Assistance Award – Bruce Bennett, Special Agent (Retired), Federal Bureau of Investigation, Minot.
State Law Enforcement Victim Assistance Award – Sue Schwab, Detective, Devils Lake Police Department, Devils Lake.
Crime Victim Service Legacy Assistance Award – Joan Halvorson, Victim Specialist, Federal Bureau of Investigation, Fargo.
Special Courage Victim Assistance Award – Denise Stevenson, Survivor.
The U. S. Department of Justice’s Office for Victims of Crime (OVC) leads communities throughout the country in their annual observances of the National Crime Victims’ Rights Week. This year’s observance in North Dakota was postponed from April 2020 due to the COVID-19 pandemic. This year’s theme, Seek Justice | Ensure Victims’ Rights | Inspire Hope, recognizes the individuals and groups whose advocacy has propelled the victims’ rights movement forward for the past half century, inspiring in victims and their loved ones a feeling of hope for progress, justice, and healing.
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U.S. Attorney Wrigley Announces String of Violent Individuals Arrested for Federal Robbery ChargesRead the Press Release
FARGO - United States Attorney Drew Wrigley announced that a federal grand jury has indicted Harleigh Josett Haugen, age 20 and Jordan Daniel Kraft, age 21, both of Fargo, ND, for Conspiracy to commit Robbery and Robbery. The Indictment alleges that from May and continuing through June 2019, Haugen and Kraft conspired with a group of young males and females to rob customers of commercial sex. Haugen, Kraft and others posted advertisements on "Skip the Games" promoting prostitution with adult women. The defendants sought to take advantage of a group of commercial sex customers whom they believed would be unwilling to go to law enforcement if they were robbed. The defendants arranged to meet the victims in their private residences and in local apartments controlled by the defendants. Using dangerous weapons, the defendants robbed the commercial sex customers by threats of force and violence, and in some instances the victims were physically assaulted by the defendants before they were robbed.
"While these violent defendants used a novel ruse to allegedly commit robbery, they still got ensnared in our high priority anti-violence initiatives," said US Attorney Drew Wrigley, "and we will continue to aggressively pursue violent offenders and remove them from our communities."
Several of Haugen and Kraft’s co-defendants have also been indicted in North Dakota and are awaiting trial:
• SHELTON LEE MOSEBY, IV, age 19, Fargo, ND: Indicted on charges of Conspiracy to Interfere with Commerce by Threats and Violence – Hobbs Act Robbery
• TEAJAHA SHANETTE LAYSHA GRANDER, age 24, Fargo, ND: Indicted on charges of Conspiracy to Interfere with Commerce by Threats and Violence – Hobbs Act Robbery
• TATYANNA DESHUAN GRANDER, age 21, Fargo, ND: Indicted on charges of Conspiracy to Interfere with Commerce by Threats and Violence – Hobbs Act Robbery
• TEON TYRIK BERRY, age 19, Fargo, ND: Indicted on a charge of Interfere with Commerce by Threats and Violence – Hobbs Act Robbery
• ZACHARY RONZELL MITCHELL, age 19, Fargo, ND: Indicted on a charge of Interfere with Commerce by Threats and Violence – Hobbs Act Robbery
• JACOBY RASHAWN LEE, age 19, Fargo, ND: Indicted on a charge of Interference with Commerce by Threats or Violence—Hobbs Act Robbery
Grand jury Indictments are allegations and are not evidence of guilt. The defendant is presumed innocent unless and until he is proven guilt beyond a reasonable doubt at trial.
This case is being investigated by the Department of Homeland Security Investigation and the case is being prosecuted by the United States Attorney’s office, with Assistant United States Attorney Jennifer Puhl assigned to the case.
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U.S. Department of Justice’s Election Day ProgramRead the Press Release
BISMARCK: United States Attorney Drew H. Wrigley announced today that he has appointed Assistant United States Attorney (AUSA) Rick Volk to lead the efforts of the United States Attorney’s Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 3, 2020, general election. As the District Election Officer for the District of North Dakota, AUSA Volk 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 Wrigley 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 (where voters need assistance because of disability or illiteracy).
The right to vote is the cornerstone of American democracy. We all must ensure the free exercise of lawful voting. In order to respond to complaints of election fraud or voting rights abuses on November 3, 2020, and to ensure that such complaints are directed to the appropriate authorities, AUSA Volk will be on duty in this District while the polls are open. He can be reached by the public at 701-530-2420.
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 local FBI Field Office can be reached by the public in North Dakota at 701-223-4875 or the FBI Field Office in Minneapolis, MN, 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, DC, 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 Wrigley said, "Ensuring free and fair elections depends in large part on the cooperation of the American electorate. Those with specific information about discrimination or election fraud are asked to contact my office immediately."
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U.S. Attorney Wrigley Announces the Arrest of a Parshall, ND, Woman for Involuntary Manslaughter, Child Neglect and AbuseRead the Press Release
BISMARCK - United States Attorney Drew Wrigley announced that a federal grand jury has indicted Paige Howling Wolf, age 26, Parshall, ND, for Involuntary Manslaughter in Indian Country; Child Neglect in Indian Country; and three counts of Child Abuse in Indian Country. The Indictment was unsealed today, alleging that Paige Howling Wolf had custody of five young children and lived at a residence in Parshall, North Dakota, located on the Fort Berthold Reservation. On June 24, 2020, law enforcement and medical personnel responded to an emergency call of an unresponsive infant at the Parshall residence. One of the children, a nine-month-old infant, was found deceased. An autopsy of the deceased infant concluded that the child had died from chronic starvation. The remaining children were removed from Paige Howling Wolf’s custody and medical examinations of three of the children in the residence revealed they had methamphetamine in their system.
Grand jury Indictments are allegations and are not evidence of guilt. The defendant is presumed innocent unless and until he is proven guilt beyond a reasonable doubt at trial.
This case is being investigated by the Bureau of Indian Affairs (BIA), and the case is being prosecuted by the United States Attorney’s office, with Assistant United States Attorney Eric Lundberg assigned to the case.
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U.S. Attorney Wrigley Announces the Arrest of a Fort Yates, ND, Man for False Statement in Connection with Acquisition of a FirearmRead the Press Release
BISMARCK - United States Attorney Drew Wrigley announced that a federal grand jury has indicted Leoncio Amuia Bald Eagle, age 28, Fort Yates, ND, for False Statement in Connection with Acquisition of a Firearm. The Indictment was unsealed today alleging that on March 12, 2019, Bald Eagle unlawfully acquired a firearm by falsifying an ATF form 4473. The federal indictment alleges that Bald Eagle falsely claimed he had never been convicted of a crime of Domestic Violence, when in fact he had been convicted in tribal court of a Domestic Violence crime on November 4, 2017.
"Anyone convicted of domestic violence is barred from purchasing or possessing firearms, which is a wise public safety law," said United States Attorney Drew Wrigley, "and we are working collaboratively all across the state and region to keep firearms out of the hands of these violent individuals."
Grand jury Indictments are allegations and are not evidence of guilt. The defendant is presumed innocent unless and until he is proven guilty beyond a reasonable doubt at trial.
This case is being investigated by the Bureau of Indian Affairs (BIA), Bureau of Alcohol Tobacco and Firearms (ATF), and the Mobridge Police Department/NPSTDETF and the case is being prosecuted by the United States Attorney’s office, with Assistant United States Attorney Brandi Sasse Russell assigned to the case.
On the very same day that the federal grand jury indicted Bald Eagle, they also indicted the following five additional cases alleging various federal firearms offenses:
• A 43 year old Bismarck, ND male was indicted for being a felon illegally in possession of a firearm, a violation of 18 USC 922(g)(1) and 924(a)(2)
• A 25 year old Mandan, ND male was indicted for being a felon illegally in possession of a firearm, a violation of 18 USC 922(g)(1) and possession of a firearm with obliterated serial number 922(k)
• A 32 Year old Mandan, ND male was indicted for being a felon illegally in possession of a firearm, a violation of 18 USC 922(g)(1) and possession with the intent to distribute heroin, USC 841(a)(1)
• A 34 year old Detroit, MI male was indicted for being a felon illegally in possession of a firearm, a violation of 18 USC 922(g)(1) and 924(a)(2)
• A 36 year old Palermo, ND male was indicted for being a felon illegally in possession of a firearm, a violation of 18 USC 922(g)(1) and 924(a)(2)
These defendants are all being prosecuted pursuant to the Department of Justice anti-violent priorities, and a renewed focus on gun crimes in North Dakota, as well as nationally. United States Attorney Wrigley credits the ATF, FBI, BIA, North Dakota Sheriffs and Police Departments, and BCI for their cooperative efforts to combat and deter violent crime across the region.
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U.S. Attorney Wrigley Announces the Arrest of a Michigan Man for Conspiracy to Distribute a Controlled Substance (Fentanyl)Read the Press Release
BISMARCK - United States Attorney Drew Wrigley announced that a federal grand jury has indicted Donald Eugene Green, age 53, Southfield, MI, for Conspiracy to Distribute a Controlled Substance. The Indictment was unsealed today, alleging that on July 24, 2020, Donald Green traveled via a one-day round-trip ticket on an Amtrak Train from Chicago, IL, to Minot, ND. After arriving in Minot, Donald Green, carrying a duffle bag, went to the Minot Airport, rented a vehicle, departed, and later returned to the airport. After returning to the airport, the Ward County Narcotics Task Force effected a search of Green’s vehicle and discovered a duffle bag containing 500 grams of Fentanyl.
"We remain in the torrent of the opioid and synthetic opioid epidemic, and this defendant is alleged to have been playing a significant role in helping to funnel this poison into our state," said United States Attorney Drew Wrigley, "we look forward to placing our evidence before a jury in this case, and continuing our battle against the organizations that have targeted North Dakota."
Grand jury indictments are allegations and are not evidence of guilt. The defendant is presumed innocent unless and until he is proven guilty beyond a reasonable doubt at trial.
This case is being investigated by the Ward County Narcotics Task Force and Homeland Security Investigations (HSI), and the case is being prosecuted by the United
States Attorney’s office, with Special Assistant United States Attorney Jeremy Ensrud assigned to the case.
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U.s. Attorney Wrigley Announces over a Half-Million Dollars to Improve Services for Crime Victims in District of North DakotaRead the Press Release
NORTH DAKOTA – U.S. Attorney Drew Wrigley announced today that $699,920 in Department of Justice crime victim service improvement grants have been approved for North Dakota. The grants, awarded by the Department’s Office of Justice Programs, are part of over $144 million distributed to enhance each states response to victims of crime throughout the United States.
"The Department of Justice is steadfast in its commitment to protecting public safety and bringing justice to those who have been victimized," said Attorney General William P. Barr. "The investments we are making today will support service providers as they work to secure the legal rights of victims and put survivors of criminal acts on the road to recovery."
The awards made to organizations in the North Dakota will advance the use of technology, improve community preparedness and law enforcement training and provide emergency and transitional shelter to assist victims of crime. Programs will also support victims of child abuse and fund research projects related to perpetrators and victims of elder abuse. Approximately $64.3 million was awarded under Office for Victims of Crime grant programs; over $54.1 million was awarded under Office of Juvenile Justice and Delinquency Prevention programs; over $19.9 million was awarded under Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking grant programs; and nearly $5.7 million was awarded under two National Institute of Justice grant programs.
"The Department of Justice and our office partner with those who share our commitment to securing justice for victims," said United States Attorney Drew Wrigley, "and these grants help ensure progress toward one of our most sacred responsibilities."
"As lockdowns and lawlessness fuel crime in America’s homes and communities, more people are vulnerable to victimization and those who have been victimized face new hurdles," said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. "The Office of Justice Programs is committed to giving our victim service partners the tools they need to better serve their clients and protect victims’ rights."
The following organizations received funding:
• $399,920 to the Turtle Mountain Band of Chippewa Indians for the Adam Walsh Act program that gave over $16.7 million to 61 recipients to assist jurisdictions with developing and enhancing programs designed to implement the Sex Offender Registration and Notification Act.
• $270,000 to the North Dakota Office of Attorney General for the Law Enforcement-Based Victim Specialist program that gave over $8.6 million to 22 recipients to develop or enhance crime victim specialist programs within law enforcement agencies to better support victims through the criminal justice process, and another $2 million to one organization to support training and technical assistance for the grantees.
More information about OJP and its components can be found at www.ojp.gov.
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U.S. Attorney’s Office Reaches ADA Settlement with Joe Black’s Bar and Grill and the Hub Pub in Grand Forks, North DakotaRead the Press Release
United States Attorney Drew H. Wrigley announced today that the U.S. Attorney’s Office for the District of North Dakota completed its investigation and entered into settlement agreements with Joe Black’s Bar and Grill and the Hub Pub to resolve allegations that these restaurants violated the Americans with Disabilities Act of 1990 ("ADA"). Both restaurants are owned and operated by Dennis Blackmun and Joe Schneider and are popular establishments in downtown Grand Forks.
The settlement agreements resolve ADA complaints alleging that Joe Black’s Bar and Grill and the Hub Pub were not fully accessible to individuals with disabilities. During its investigation, the U.S. Attorney’s Office found that neither establishment offered dining spaces or black jack gaming spaces to accommodate wheelchairs. As part of the settlement agreements, Joe Black’s Bar and Grill and the Hub Pub will provide accessible dining tables in both restaurant facilities, and both restaurants will also provide an accessible black jack gaming space to accommodate customers using wheelchairs. The Hub Pub, which created an accessible entrance during its 2016 renovations, will provide signage to patrons communicating the location of its accessible entrance.
Under federal law, private entities that own or operate places of "public accommodation," including restaurants and bars, are prohibited from discriminating on the basis of disability. The ADA authorizes the U.S. Department of Justice to investigate complaints and undertake reviews of compliance of covered entities. The Justice Department is also authorized to commence a civil lawsuit in federal court in any case that involves a pattern or practice of discrimination or raises issue of general public importance, and to seek injunctive relief, monetary damages, and civil penalties.
U.S. Attorney Wrigley noted the owners of Joe Black’s Bar and Grill and the Hub Pub cooperated throughout this investigation and he commended their commitment to the ADA. "The corrective measures agreed to by Joe Black’s Bar and Grill and the Hub Pub will give individuals with disabilities an equal opportunity to enjoy two prominent downtown Grand Forks restaurants, as is required by the ADA. We hope other proprietors will proactively comply with this important civil rights law. Our Office remains committed to ensuring that individuals with disabilities will have full and equal access to places of public accommodation in North Dakota."
This matter was handled by Assistant U.S. Attorney Melissa H. Burkland of the District of North Dakota.
2020 marks the 30th Anniversary of the Americans with Disabilities Act. The Justice Department plays a central role in advancing the nation’s goal of equal opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities. The Justice Department will continue to use its enforcement and technical assistance tools to eliminate discrimination against individuals with disabilities.
Any member of the public who wishes to file a complaint alleging that any place of public accommodation or public entity in North Dakota is not accessible to persons with disabilities may file a complaint online at www.ada.gov or contact the U.S. Attorney’s Office at 701-297-7400.
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US Attorney Wrigley announces additional Sexual Exploitation of Minors Charges against a Bismarck, ND, ManRead the Press Release
Bismarck – United States Attorney Drew H. Wrigley announced that Dawson M. Rouse of Bismarck, ND, has been indicted on 13 additional federal charges, appeared in Federal Court at an initial appearance and arraignment hearing on a Superseding Indictment on September 8, 2020. The United States District Court for the District of North Dakota unsealed a Superseding Indictment revealing that a federal grand jury indicted Rouse on thirteen additional counts in addition to the twenty-seven felony counts of Sexual Exploitation of Minors (Thirteen counts of Sexual Exploitation of Minors or attempted Sexual Exploitation of Minors; Ten counts of Coercion or Enticement of Minors, and Four counts of Transfer of Obscene Material to Minors under 16 years of age) that Rouse was previously Indicted for. At Rouse’s hearing, the court ordered Rouse to remain in detention pending trial on this matter.
Previously, the Grand Jury alleged that Rouse caused or attempted to cause the production of images depicting the sexual exploitation of minors; used the internet to arrange or attempt to arrange meeting with minors for the purposes of sexual misconduct; and sent obscene images to 15 minors under the age of 16. In the Superseding Indictment the Grand Jury further alleged that Rouse received images and videos depicting the sexual exploitation of minors and further added seven additional allegations that Rouse caused or attempted to cause the production of images depicting the sexual exploitation of minors; used the internet to arrange or attempt to arrange meeting with minors for the purposes of sexual misconduct; and finally, sent obscene images to several minors under the age of 16 involving three additional victims.
Allegedly, the minor female victims described similar conduct by Rouse, in that he would friend them on Snapchat and begin conversations with them and Rouse eventually turned the conversation to sex. Rouse harassed the minor victims until they sent him nude photographs or videos of themselves, then Rouse harassed them to meet him so they could have sex. Several of the victims sent nude pictures and videos of themselves to Rouse and six of the victims met with him at his residence and engaged in sexual acts with Rouse.
“The defendant stands accused of 40 felony crimes of various ghastly sexual intrusions into the lives of 18 minors,” said US Attorney Drew Wrigley, “and this remains an active and engaged criminal investigation.”
An Indictment is an accusation and notice of charges, and the defendant is presumed innocent until proven guilty.
This case is being investigated by the Bismarck Police Department and Department of Homeland Security Investigations, and is being prosecuted by Assistant United States Attorney Gary Delorme.
U.S. Attorney Wrigley Announces the Arrest of a Twin Buttes, ND, Man for Second Degree MurderRead the Press Release
BISMARCK — United States Attorney Drew Wrigley announced that a federal grand jury has indicted Christopher Lewis Gillette, age 34, Twin Buttes, ND, for felony Second Degree Murder; Assault with Dangerous Weapon; Assault with Intent to Commit Murder; Assault with Dangerous Weapon; Assault Resulting in Serious Bodily Injury; and Use of Firearm in Relation to Felony Crime of Violence. The Indictment alleges that on August 14, 2020, Christopher Gillette shot two individuals at a residence located on the Fort Berthold Reservation, killing one adult male and critically wounding the other.
Grand jury Indictments are allegations and are not evidence of guilt. The defendant is presumed innocent unless and until he is proven guilt beyond a reasonable doubt at trial.
This case is being investigated by the Federal Bureau of Investigation and the case is being prosecuted by the United States Attorney’s office, with Assistant United States Attorney Eric Lunberg assigned to the case.
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U.S. Attorney Wrigley Announces String of Violent Gang Members Indicted on Federal Robbery ChargesRead the Press Release
FARGO - United States Attorney Drew Wrigley announced that a federal grand jury has indicted Abbot William Aho, a/k/a Boogie, age 26, Fergus Falls, MN, for Conspiracy to commit Robbery; Robbery; Use of a Firearm in Relation to a Crime of Violence; Conspiracy to Possess a Controlled Substance with Intent to Distribute, and Distribution of a Controlled Substances; Continuing Criminal Enterprise; and Aiding and Abetting.
The Indictment was unsealed today, and alleges that from January 2019 through May 2019, Abbot Aho, led a criminal gang known as the "Slither Gang," members of which conspired with Aho and other individuals to target robbery victims who were themselves alleged drug traffickers in North Dakota, Minnesota, and elsewhere. The Indictment further alleges that Abbot Aho and the co-conspirator gang members carried out a string of robberies by threats of violence, the infliction of violence, and the brandishing of firearms and other dangerous weapons. Abbot Aho and the co-conspirators often resorted to home invasions or setting up victims to meet at a public place, and then robbed them of drugs, money, firearms and personal property, later selling the drugs they stole.
"While the victims in this string of violent attacks and robberies were often criminals themselves, this law enforcement initiative is a critically important component of our push to identify, prosecute and incarcerate the most violent criminals operating in North Dakota and the region," said United States Attorney Drew Wrigley, "and we are dramatically increasing federal robbery prosecutions as a result of these focused efforts."
In addition to numerous similar though unrelated federal prosecutions across the state as a part of this initiative, several of Aho’s co-conspirators have also been indicted in North Dakota and are awaiting trial:
• Sarah Ann Carlson, age 21, Minneapolis, MN: Indicted on charges of Conspiracy to Interfere with Commerce by Threats and Violence – Hobbs Act Robbery; Interference with Commerce by Threats and Violence – Hobbs Act Robbery; Use of a Firearm During and in Relation to a Crime of Violence; and Aiding and Abetting
• Jared Christopher Kaul, age 21, Fridley, MN: Indicted on charges of Conspiracy to Interfere with Commerce by Threats and Violence – Hobbs Act Robbery; Conspiracy to Possess with Intent to Distribute; and Distribute Controlled Substances
• Josiah Thomas Aguilar, age 21, Dilworth, MN: Indicted on charges of Conspiracy to Interfere with Commerce by Threats and Violence – Hobbs Act Robbery; Interference with Commerce by Threats and Violence – Hobbs Act Robbery; Use of a Firearm During and in Relation to a Crime of Violence; Conspiracy to Possess with Intent to Distribute and Distribute Controlled Substances; and Aiding and Abetting
Grand jury Indictments are allegations and are not evidence of guilt. The defendant is presumed innocent unless and until he is proven guilt beyond a reasonable doubt at trial.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); Fergus Falls MN Police Department; and the Ottertail County States Attorney’s Office, and the case is being prosecuted by the United States Attorney’s office, with Assistant United States Attorney Chris C. Myers assigned to the case.
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U.S. Attorney Wrigley Announces the Arrest of a Belcourt, ND, Man for Malicious Mischief (Destruction of the Turtle Mountain State Bank)Read the Press Release
FARGO—United States Attorney Drew Wrigley announced that a federal grand jury has indicted Travis Crissler, age 39, Belcourt, ND, for felony Malicious Mischief. The Indictment was unsealed today, alleging that on April 29, 2020, Crissler drove his vehicle through the doors of the Turtle Mountain State Bank, in Belcourt, ND. Crissler is then alleged to have tied a set of chains to a second door of the bank, secured the chains to the front of his vehicle, and then backed-up his vehicle in an attempt to tear the door structure away from the bank. The attacks caused extensive damage to the bank structure.
"These acts of violence and destruction will not be ignored," said United States Attorney Drew Wrigley, "and we will work to ensure that businesses operate free from threats, intimidation, and destruction."
Grand jury Indictments are allegations and are not evidence of guilt. The defendant is presumed innocent unless and until he is proven guilt beyond a reasonable doubt at trial.
This case is being investigated by the Bureau of Indian Affairs (BIA), and the case is being prosecuted by the United States Attorney’s office, with Assistant United States Attorney Dawn M. Dietz assigned to the case.
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U.S. Attorney Wrigley Announces an Iowa Man was sentenced for Unlawfully Transporting Wildlife from Canada into the United StatesRead the Press Release
Bismarck – United States Attorney Drew H. Wrigley announced that on August 18, 2020, Louis Floden, Jr., age 69 from Pella, Iowa, appeared before United States Magistrate Judge Alice R. Senechal and pleaded guilty to a charge of Unlawful Transport of Wildlife in Foreign Commerce. Judge Senechal sentenced Floden to serve one year probation, ordered him to pay a $7,500.00 fine to the Lacey Act Reward Account, and ordered that he pay the mandatory special assessment.
In September 2019, Floden unlawfully transported two black bear hides from Manitoba, Canada into the United States after he unlawfully killed them. Upon his return to the United States through the Pembina Port of Entry in North Dakota, Floden declared one sport-taken black bear to customs. Upon further inspection of his vehicle, the customs officer discovered two black bears. Manitoba licensing laws prohibit the purchase of more than one big game license of the same type for the same hunting year. When initially questioned by the customs officer, Floden alleged that he only shot one black bear, and that the other may have belonged to another hunter who was at the hunting camp at the same time. Floden later admitted he shot the second bear, and that he knew shooting the second bear was illegal. In addition to the illegal harvest of the second bear, it was also determined both bears were killed outside of the designated hunting area allowed by Floden’s licenses. Floden agreed to forfeit the two black bear hides that he brought into the United States.
"Game hunting laws play an essential role in ensuring proper wildlife management" said US Attorney Drew Wrigley, "and we strictly enforce these provisions as a component of our environmental stewardship obligations."
This case was investigated by the United States Fish and Wildlife Service and United States Customs and Border Protection and was prosecuted by Assistant United States Attorney Jonathan J. O’Konek.
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Three Tribal Officials Charged in Bribery SchemeRead the Press Release
Two current tribal government officials and one former tribal government official of the Three Affiliated Tribes of the Mandan, Hidatsa, and Arikara Nation (MHA Nation) were charged by criminal complaint unsealed today for their alleged acceptance of bribes and kickbacks from a contractor providing construction services on the Fort Berthold Indian Reservation (FBIR), which is the home of the MHA Nation.
Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney Drew H. Wrigley for the District of North Dakota, and Acting Special Agent in Charge Aubree M. Schwartz of the FBI’s Minneapolis Field Office made the announcement.
Randall Jude Phelan, 55, of Mandaree, North Dakota, and Delvin Reeves, 52, of Watford City, North Dakota, were charged in complaints supported by one affidavit, while Frank Charles Grady, 52, of Hardin, Montana, was charged in a complaint supported by a second affidavit. All three defendants were charged in the District of North Dakota with one count of conspiracy and one count of federal programs bribery. Phelan and Reeves made their initial appearances in the District of North Dakota before U.S. Magistrate Judge Alice R. Senechal today. Grady made his initial appearance in the District of Montana before U.S. Magistrate Judge Timothy J. Cavan today.
According to the affidavits in support of the complaints against them, Phelan has been a representative on the Tribal Business Council, the elected governing body of the MHA Nation, since approximately November 2012, and Reeves is a paid employee of the tribal government. Grady was a Tribal Business Council representative from approximately November 2014 until November 2018.
According to the affidavit in support of the complaints against them, Phelan and Reeves solicited and accepted bribes and kickbacks from the contractor in connection with his business’s operation on the FBIR beginning in approximately 2013 and continuing through 2020. The complaint alleges that, in exchange for the payments, Phelan and Reeves used their official positions to help the contractor’s business, including by awarding contracts, fabricating bids during purportedly competitive bidding processes, advocating for the contractor with other tribal officials, and facilitating the submission and payment of fraudulent invoices.
The complaint against Grady alleges that he solicited and accepted bribes and kickbacks beginning in approximately January 2016 and continuing through September 2017. The affidavit in support of the complaint alleges that Grady used his official position to help the contractor’s business, including by awarding contracts, pressuring other construction companies to award subcontracting work, advocating for the contractor with other tribal officials, and facilitating the submission and payment of fraudulent invoices. The complaints allege that the defendants each accepted hundreds of thousands of dollars in bribes and kickbacks.
A criminal complaint is merely an accusation, and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The FBI investigated the case. Trial Attorney Jessee Alexander-Hoeppner of the Criminal Division’s Fraud Section is prosecuting the case with the assistance of the U.S. Attorney’s Office for the District of North Dakota.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
U.S. Attorney Drew H. Wrigley Celebrates the 30th Anniversary of the ADARead the Press Release
BISMARCK: The U.S. Attorney’s Office for the District of North Dakota is committed to our leadership role in the Department of Justice’s enforcement efforts under the Americans with Disabilities Act (ADA). This year marks 30 years since the signing of that landmark legislation. The ADA was signed into law on July 26, 1990, and is the nation’s pivotal civil rights law for providing access and equal opportunity for people with disabilities.
"We pay our respects to the ADA by noting this 30 year anniversary," said U.S. Attorney Drew Wrigley, "and, more importantly, we are dedicated to the hard work necessary to achieve the promise of equal access and opportunity, and eliminating disability discrimination in every form."
The United States Attorney’s Office has recently investigated and resolved several complaints of disability discrimination in North Dakota, both through settlement agreements and letters of resolution. Examples of this work include settlement agreements with North Dakota State University regarding accessibility and integrated and dispersed seating issues at the Sanford Health Athletic Complex; the Fargo Park District and Gilbert C. Grafton Post No. 2 related to inaccessible restrooms at the Jack Williams Stadium; the Red River Valley Fair Association related to outside food and beverage limitations at the Red River Valley Fairgrounds; and the owner and operator of the Super 8 in Lisbon related to a prohibition on service animals at the hotel; and letters of resolution with the owner of a local McDonald’s franchise related to parking and accessibility issues at the restaurant; and the owner of a clothing store regarding a prohibition on service animals in the store. The United States Attorney’s Office is actively investigating a number of other complaints alleging disability discrimination in the District of North Dakota.
U.S. Attorney Drew H. Wrigley encourages the public to bring matters of disability discrimination to the attention of the Department of Justice. To file a complaint of discrimination with the Department, please visit the Civil Rights Division’s online portal at https://civilrights.justice.gov/report/ or contact Assistant United States Attorneys Tara Vavrosky Iversen or Melissa H. Burkland in the U.S. Attorney’s Office at 701-297- 7400. For more information about the 30th Anniversary of the ADA, please visit www.ada.gov.
U.S. Attorney Wrigley Announces a Minneapolis, MN, Man was sentenced to 15 Years in Prison for Narcotics Trafficking and Possession of Multiple Firearms by a Prohibited PersonRead the Press Release
Bismarck – United States Attorney Drew Wrigley announced that Richard Thomas Sims, Age 31 of Minneapolis, MN, has been sentenced to serve 15 years in federal prison for Conspiracy to Distribute and Possess with Intent to Distribute Controlled Substances and Possession of Firearms by a Prohibited Person. Sims pled guilty to the offenses on December 3, 2019, and was sentenced by United States District Court Judge Daniel Hovland on July 15, 2020. Judge Hovland further sentenced Sims to 3 years of supervised release and ordered him to pay $200.00 Special Assessment. Sims was ordered to forfeit 13 firearms seized during the investigation.
"This defendant was running a drug dealer’s equivalent of a department store, such was the variety of his product offerings," said US Attorney Drew Wrigley, "combined with his illegal arsenal of firearms, the defendant posed a significant risk to public safety and is headed to a cell he very much earned."
From January 2017 through April of 2019, Sims conspired with others to distribute methamphetamine, heroin, and cocaine in the Bismarck, ND area. In addition, during the drug conspiracy, Sims was illegally in possession of several firearms, though his prior felony conviction made it unlawful for him to do so. During a search of Sims residence, drugs, drug paraphernalia, and evidence of a drug distribution operation were found in different areas the residence. A total of 375.5 grams of methamphetamine, 36 grams of pink methamphetamine, 120 grams of marijuana, 108 MDMA pills, 20 grams of cocaine, two LSD blotter papers, and 7.5 OxyContin pills with no prescription and two pistols were found during the search. A search of a rented storage unit also revealed 2,275 grams of methamphetamine with packaging, approximately 27 grams of heroin, two AR-15 rifles, one .223 caliber that was reported stolen to the Stillwater County Sheriff’s Department in Montana, and 13 other firearms.
This case was investigated by the Bismarck Police Department, North Dakota Bureau of Investigation, and Department of Homeland Security Investigations and was prosecuted by Assistant United States Gary Delorme.
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Grand Forks, ND, Man Arrested for Interstate Communication of a Threat to Injure Persons and for False Information and HoaxRead the Press Release
Fargo – United States Attorney Drew Wrigley announced that on June 24, 2020, Steven Ralph Lindblad, appeared in Federal Court at an initial appearance and arraignment hearing. The United States District Court for the District of North Dakota unsealed an Indictment revealing that a federal grand jury indicted Lindblad on the charges of Interstate Communication of a Threat to Injure Persons and False Information and Hoax. Specifically, the Indictment alleges that on August 15, 2019, Lindblad made a telephone call to a customer service representative at his cell phone service provider, during which he stated he had explosive materials and was going to commit a mass shooting.
The Indictment in this case is not evidence of guilt. The defendant is presumed innocent unless or until proven guilty beyond a reasonable doubt at trial.
This case is being investigated by the Federal Bureau of Investigation (FBI).
Assistant United States Attorney Jacob T. Rodenbiker is prosecuting the case.
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U.S. Attorney Wrigley Announces a Bismarck, ND, Man was sentenced to 20 Years in Prison for Cyberstalking and Sexual Exploitation of a MinorRead the Press Release
Bismarck – United States Attorney Drew Wrigley announced that Curtis James McGarvey, Age 52 of Bismarck, ND, has been sentenced to serve 20 years in prison for Cyberstalking and Sexual Exploitation of a Minor. McGarvey pled guilty to the offenses on March 9th, 2020, and was sentenced by United States District Court Judge Daniel Hovland on June 23, 2020. Judge Hovland further sentenced McGarvey to 10 years of supervised release and ordered him to pay $4,892.71 in restitution to the Victims’ Family.
"The defendant targeted and exploited the child victim," said US Attorney Drew Wrigley, "and his efforts to dehumanize and humiliate her stopped today with this sentence, a just result to punish this defendant and deter others."
From September 2016 until January 2017, and again from January 2018 until April 2018, McGarvey persuaded, induced, enticed, and coerced a minor female victim, who was 16 years of age, to engage in sexually explicit conduct for the purpose of producing and distributing visual depictions of such conduct. Also, during that same period, McGarvey harassed and intimidated the minor victim, using an interactive computer service and electronic communications services and systems, causing substantial emotional distress. More specific, McGarvey secretly recorded the minor female victim entering and exiting the shower in her home, changing clothes in a residence, and converting parts of the videos into still images of the victim. McGarvey then used the images to harass and taunt the minor female victim by anonymously sending them to others, including his own minor and adult children, using the fraudulent emails and social media accounts he developed after stealing her personal information from her home and cell phone.
This case was investigated by the Homeland Security Investigations, North Dakota Bureau of Investigation, Burleigh County States Attorney’s Office, and the Burleigh County Sheriff’s Department, and was prosecuted by Assistant United States Gary Delorme
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U.S. Attorney Wrigley Announces a West Fargo, ND, Felon Sentenced to Federal Prison for False Statement during the Purchase of a FirearmRead the Press Release
Fargo – United States Attorney Drew Wrigley announced that Robert Eugene Johnson, age 72 of West Fargo, ND, has been sentenced to serve five months in Federal Prison for making a false statement about his criminal record during the Purchase of a Firearm. Johnson pled guilty to the offense on June 22, 2020, and was sentenced the same day by United States District Court Chief Judge Peter D. Welte. Chief Judge Welte also sentenced Johnson to one year of supervised release and ordered him to pay a $100 special assessment for the Crime Victims’ Fund.
"This is what we call a ‘lie and try’ case," said U.S. Attorney Drew Wrigley, "the defendant was a convicted felon who could not lawfully possess a firearm. He lied, he tried, and the system worked to block a convicted felon from illegally getting his hands on a firearm."
Johnson had been sentenced on March 16, 2020 to serve 4 months for a federal tax felony conviction. Just eight days later, on March 23, Johnson attempted to purchase a semi-automatic firearm by falsely claiming he had not been previously convicted of a felony. During Johnson’s attempted purchase, store personnel conducted a query of the National Instant Criminal Background Check System (NICS) which revealed Johnson
was prohibited by law from possessing a firearm due to his recent tax evasion conviction. The sale was disallowed, and Johnson was later arrested.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and prosecuted by Assistant United States Attorney Jacob T. Rodenbiker.
U.S. Attorney Wrigley Announces Life in Prison Sentence for a Belcourt, ND, Man Convicted of Aggravated Sexual Abuse of ChildrenRead the Press Release
Fargo – United States Attorney Drew Wrigley announced that Myron Jay Azure, Age 51 of Belcourt, ND, has been sentenced to serve life in prison for two counts of Aggravated Sexual Abuse of Children. Azure pled guilty to both counts of Aggravated Sexual Abuse on February 14, 2020, and was sentenced by United States District Court Chief Judge Peter D. Welte on June 15, 2020.
"The children whom Azure sexually abused will always know that the justice system stood firmly at their side and fought to ensure that this defendant will never again hurt another child," said US Attorney Drew Wrigley, "Justice has been done".
Between October 2014 and January 2017, Azure abused one of the two child victims on the Turtle Mountain Indian Reservation. While that investigation was pending, between May 2019 and August 2019, Azure sexually abused a second child. Both children were under the age of 12 at the time of Azure’s sexual abuse.
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, and was prosecuted by Assistant United States Attorney Lori H. Conroy.
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United States Attorney Drew Wrigley Seeks Reporting of Sexual Harassment in HousingRead the Press Release
BISMARCK - United States Attorney Drew Wrigley is asking anyone who has witnessed or experienced sexual harassment by a landlord, property manager, maintenance worker, or anyone with control over housing to report that conduct to the Department of Justice.
The COVID-19 pandemic and public health emergency has impacted the ability of many people to pay rent on time and has increased housing insecurity. The Department of Justice has heard reports of housing providers trying to exploit individuals with financial challenges, including by sexual misconduct. Sexual harassment in housing is illegal, and the Department of Justice stands ready to investigate such allegations and pursue enforcement actions where appropriate.
"While most landlords and housing providers have responded to the hardships of the COVID-19 crisis with understanding, others may attempt to exploit the financially vulnerable," said United States Attorney Drew Wrigley. "Such behavior is as illegal as it is appalling, and the United States Attorney’s office stands ready to investigate complaints of sexual harassment in housing, and we will deploy all available enforcement tools."
The Justice Department’s Sexual Harassment in Housing Initiative is an effort led by the Civil Rights Division, in coordination with United States Attorney’s Offices. The Justice Department has filed lawsuits across the county alleging a pattern or practice of sexual harassment in housing and recovered millions of dollars in damages for harassment victims. The Justice Department’s investigations frequently uncover sexual harassment that has been ongoing for years. Many individuals do not know that being sexually harassed by a housing provider can violate federal law or that the Department of Justice may be able to help.
The Department of Justice, through the Civil Rights Division and the United States Attorney’s Offices, enforces the Fair Housing Act (FHA), which prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability. Sexual harassment is a form of sex discrimination prohibited by the Act.
Discrimination based on race, sex, religion, national origin, disability, and other protected classes is unlawful under several federal laws, in addition to the FHA, and may result in criminal or civil liability. Discrimination can arise in many different contexts in addition to housing, including education, employment, health and safety, and places of public accommodation.
The Department encourages anyone who has experienced sexual harassment in housing, or knows someone who has, to contact the Civil Rights Division by calling (844) 380-6178 or emailing [email protected]. Individuals who believe they may have been victims of discrimination may also contact the United States Attorney’s Office for the District of North Dakota by calling Assistant United States Attorneys Tara Vavrosky Iversen or Melissa H. Burkland at 701-297-7400. Individuals may also file a complaint alleging harassment or discrimination in housing with the Department of Housing and Urban Development through HUD’s website or by calling (800) 669-9777.
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U.s. Attorney Drew H. Wrigley Recognizes National Police WeekRead the Press Release
Virtual Annual Candlelight Vigil
BISMARCK - In honor of National Police Week, U.S. Attorney Drew H. Wrigley, recognizes the service and sacrifice of federal, state, local, and tribal law enforcement. The week will be observed Sunday, May 10 through Saturday, May 16, 2020.
"There is no more noble profession than serving as a police officer," said Attorney General William P. Barr. "The men and women who protect our communities each day have not just devoted their lives to public service, they’ve taken an oath to give their lives in order to ensure our safety. And they do so not only in the face of hostility from those who reject our nation’s commitment to the rule of law, but also in the face of evolving adversity – such as an unprecedented global health pandemic. This week, I ask all Americans to join me in saying ‘thank you’ to our nation’s federal, state, local, and tribal law enforcement officers. Their devotion and sacrifice to our peace and security will not be taken for granted."
"Law enforcement officers swear a solemn oath to the selfless pursuit of these ideals: public safety, community order, and justice," said United States Attorney Drew Wrigley, "and we are profoundly grateful to each officer for the daily sacrifices they and their loved ones endure in the cause of preserving our communities and our nation."
In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty.
Each year, during National Police Week, our nation celebrates the contributions of law enforcement from around the country, recognizing their hard work, dedication, loyalty and commitment to keeping our communities safe. This year the COVID-19 pandemic has underscored law enforcement officers’ courage and unwavering devotion to the communities they swore to serve.
Based on data collected and analyzed by the FBI’s Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 89 law enforcement officers died nationwide in the line of duty in 2019.
Comprehensive data tables about these incidents and brief narratives describing most of the fatal attacks are included in the sections of Law Enforcement Officers Killed and Assaulted, 2019.
The names of the fallen officers who have been added in 2020 to the wall at the National Law Enforcement Memorial will be read on Wednesday, May 13, 2020, during a Virtual Annual Candlelight Vigil. Because public events have been suspended as a result of COVID-19, the vigil will be livestreamed to the public at 8:00 PM (EDT). The online event can be viewed at https://www.youtube.com/user/TheNLEOMF.
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North Dakota U.S. Attorney’s Office and IRS-CI warn taxpayers against fraud schemes related to COVID-19 Economic Impact PaymentsRead the Press Release
BISMARCK - The United States Attorney's Office for the District of North Dakota and Internal Revenue Service-Criminal Investigations (IRS-CI), St. Louis Field Office, are warning taxpayers to be on the lookout for scam artists trying to use the COVID-19 economic impact payments as cover for schemes to steal personal information and money.
Drew H. Wrigley, U.S. Attorney for the District of North Dakota, and Karl A. Stiften, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), St. Louis Field Office, made the announcement today in an effort to prevent taxpayers from falling victim to criminals using the recently approved economic impact payments as an opportunity to commit a crime.
Automatic COVID-19 economic impact payments started being deposited into taxpayers’ accounts on April 11. For most Americans, this will be a direct deposit into your bank account. For the unbanked, retirees or other groups who have traditionally received tax refunds via paper check, they will receive their economic impact payment in this manner as well. Scammers may try to get you to sign over your check to them or use this as an opportunity to get you to "verify" your filing information in order to receive your money, and then use your personal information at a later date to file false tax returns in an identity theft scheme. Because of this, everyone receiving a COVID-19 related economic impact payment from the government is at risk.
Karl A. Stiften, Special Agent in Charge of the IRS-CI St. Louis Field Office warned "The existence of a deadly national pandemic will not stop criminals seeking to capitalize on the fears and difficulties faced by the public as they try to line their own pockets by stealing your money or your personal information."
Special Agent in Charge Stiften offers the following information and tips to spot a scam and understand how the COVID-19 related economic impact payments will be issued.
• The IRS will deposit your check into the direct deposit account you previously provided on your tax return (or, in the alternative, send you a paper check).
• The IRS will not call and ask you to verify your payment details. Do not give out your bank account or any other account information - even if someone claims it's necessary to get your check. It's a scam.
• If you receive a call, don't engage with scammers or thieves, even if you want to tell them that you know it's a scam, or you think that you can beat them. Just hang up.
• If you receive texts or emails claiming that you can get your money faster by sending personal information or clicking on links, delete them. Don't click on any links in those emails or texts.
• Reports are also swirling about bogus checks. If you receive a check that requires that you verify the check online or by calling a number, it’s a fraud.
In these uncertain and trying times, we need to stand together united with purpose. Don’t become a victim by allowing criminals to exploit your emotions. Stay strong, tell your family, friends and neighbors about these scams.
"The global pandemic has created opportunities for fraudulent schemes that attempt to pray on uncertainty," said United States Attorney Drew H. Wrigley, "but this much is certain: law enforcement remains committed to public safety and we need the public to partner with us by following the simple IRS guidance for protecting privacy and guarding against fraud."
"IRS Criminal Investigation alongside the U.S. Department of Justice are prioritizing these types of investigations to help protect taxpayers and the tax system, especially those looking to prey on vulnerable taxpayers," said Special Agent in Charge Stiften. "Remember, go directly and solely to IRS.gov for official information."
For more information, visit the IRS website at www.irs.gov/coronavirus. You can always report scams to the IRS on the website at https://www.irs.gov/privacy-disclosure/report-phishing
Department of Justice Commemorates National Crime Victims’ Rights WeekRead the Press Release
BISMARCK – U.S. Attorney Drew H. Wrigley joins the Department of Justice and communities nationwide in observing National Crime Victims’ Rights Week, celebrating victims’ rights, protections and services throughout the week. This year’s observance takes place April 19-25 and features the theme, "Seek Justice| Ensure Victims' Rights | Inspire Hope."
"Every year, millions of Americans suffer the shock and trauma of criminal victimization, affecting their well-being and sense of security and dignity," said Attorney General William P. Barr. "To these victims, we affirm our unwavering commitment to supporting them in their hour of need. We also commend the thousands of victim advocates and public safety professionals who labor tirelessly to secure victims’ rights and support survivors."
"Through the violent, fraudulent, heartless acts of others, crime victims are drawn-into the justice system against their will," said United States Attorney Drew Wrigley, "and those victims place their trust in our hands, counting on us to reciprocate that trust with this sacred promise: we devote our work, our resources and our tireless advocacy to the cause of justice on behalf of society and especially those who fall prey to criminal oppressors."
"While we have made tremendous progress driving down crime and violence across the country, far too many Americans continue to suffer the pain and loss of criminal victimization," said Katharine T. Sullivan, Principal Deputy Assistant Attorney General of the Office of Justice Programs. "This week, we stand by these survivors and their families, and we pledge our ongoing support to the countless men and women who serve them with such extraordinary skill and compassion."
Ronald Reagan proclaimed the first Victims’ Rights Week in 1981, putting crime victims' rights, needs, and concerns in a prominent spot on the American agenda. He also established the President's Task Force on Victims of Crime, which laid the groundwork for a national network of services and legal safeguards for crime victims. President Trump and his administration have implemented historic levels of support for victim assistance and victim compensation.
Some 3.3 million Americans age 12 and older were victims of violent crime in 2018, according to the National Crime Victimization Survey. The Office for Victims of Crime (OVC), part of the Justice Department’s Office of Justice Programs, supports more than 7,000 local victim assistance programs and victim compensation programs in every state and U.S. territory. Funds for these programs come from the Crime Victims Fund, which is made up of federal criminal fines, penalties and bond forfeitures.
During National Crime Victims’ Rights Week, victim advocacy organizations, community groups and state, local and tribal agencies traditionally host rallies, candlelight vigils, and other events to raise awareness of victims’ rights and services. This year, many communities are organizing virtual gatherings and online public awareness campaigns.
This year’s commemoration began yesterday, 25 years to the day when a truck bomb exploded in front of the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma, taking the lives of 168 people, including 19 children, as well as injuring hundreds of others. The mass murder remains the worst act of domestic terrorism in our nation’s history and led to the establishment of the Antiterrorism Emergency Reserve,which is administered by OVC, and has been used to provide direct services to hundreds of victims of mass violence and terrorism.
"Crime victims deserve to know that they have the encouragement and support of the American people," said OVC Director Jessica E. Hart. "I hope that citizens throughout the nation will take the opportunity this week to remember all victims of crime and their heroic stories of survival. I encourage everyone to also find meaningful ways to express their appreciation to the many committed and compassionate service providers across the country who work tirelessly supporting these survivors."
This year, the annual National Crime Victims’ Service Awards Ceremony will be postponed until a time when we can honor this year’s award recipients in person. During the ceremony, OVC will present awards recognizing individuals and organizations from across the nation for their outstanding service on behalf of crime victims. The awardees will be selected from public nominations in 11 categories, including federal service, special courage, public policy, and victim services. Visit www.ovc.gov/gallery to learn more about past recipients.
For more information on how to create your own public campaigns to raise awareness about crime victims’ rights online and at events throughout the year, please visit: https://ovc.ncjrs.gov/ncvrw2020/overview.html.
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Department of Justice Makes $850 Million Available to Help Public Safety Agencies Address COVID-19 PandemicRead the Press Release
$831,000 Available to North Dakota
Bismarck – The Department of Justice announced that it is making $850 million available to help public safety agencies respond to the challenges posed by the outbreak of COVID-19. The Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump, will allow eligible state, local and tribal governments to apply immediately for these critical funds. The department is moving quickly to make awards, with the goal of having funds available for drawdown within days of the award.
"The Department of Justice has moved swiftly to ensure additional resources are placed immediately on the front lines of our work," said US Attorney Drew Wrigley, "this support helps ensure that our critical missions and partnerships are not hobbled by this national emergency."
"This is an unprecedented moment in our nation’s history and an especially dangerous one for our front-line law enforcement officers, corrections officials, and public safety professionals," said Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan. "We are grateful to the Congress for making these resources available and for the show of support this program represents."
The solicitation, posted by the Bureau of Justice Assistance in the Justice Department’s Office of Justice Programs (OJP), will remain open for at least 60 days and be extended as necessary. OJP will fund successful applicants as a top priority on a rolling basis as applications are received. Funds may be used to hire personnel, pay overtime costs, cover protective equipment and supplies, address correctional inmates’ medical needs and defray expenses related to the distribution of resources to hard-hit areas, among other activities. Grant funds may be applied retroactively to Jan. 20, 2020, subject to federal supplanting rules.
Agencies that were eligible for the fiscal year 2019 State and Local Edward Byrne Memorial Justice Assistance Grant Program are candidates for this emergency funding. A complete list of eligible jurisdictions and their allocations can be found at https://bja.ojp.gov/program/fy20-cesf-allocations.
For more information about the Coronavirus Emergency Supplemental Funding program, please visit https://bja.ojp.gov/funding/opportunities/bja-2020-18553. For more information about the Office of Justice Programs, please visit https://www.ojp.gov/.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
West Fargo, ND, Man Charged with Making a False Statement during the Purchase of a FirearmRead the Press Release
Fargo – United States Attorney Drew H. Wrigley announced that on March 27, 2020, Robert Eugene Johnson, made his initial appearance in Federal Court. The United States District Court for the District of North Dakota unsealed a Complaint charging Johnson with False Statement during the purchase of a firearm. Specifically, the Complaint alleges that on March 23, 2020, Johnson attempted to purchase a firearm and filled out a form stating he had not been previously convicted of a felony or other offense punishable by a term of imprisonment greater than a year. However, Johnson is a convicted felon for the offense of Attempt to Evade or Defeat Tax and had been sentenced for that offense only a week earlier, March 16, 2020, in Federal Court in Fargo. Before Johnson was able to complete the purchase of the semi-automatic firearm in question, a query of the National Instant Criminal Background Check System (NICS) revealed he was prohibited by law from possessing a firearm due to his recent tax evasion conviction. As a result Johnson was not allowed to complete his purchase of the firearm. A Complaint is an accusation and notice of charges, and the defendant is presumed innocent until proven guilty.
"Keeping firearms out of the hands of convicted felons is a pillar of our anti-violent crime initiated," said United States Attorney Drew Wrigley, "and we look forward to presenting our evidence in court on these very serious allegations."
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Assistant United States Attorney Jacob T. Rodenbiker is prosecuting the case.
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Critical Mission of Justice Department ContinuesRead the Press Release
U.S. Attorney Drew H. Wrigley Urges North Dakota Residents To Remain Vigilant of Fraud Schemes & False Information
BISMARCK – U.S. Attorney Drew H. Wrigley of the District of North Dakota, announced today that the critical mission of the Justice Department is continuing during the COVID-19 crisis.
"Beginning in the initial hours of alarm, my office rapidly transitioned to telework capabilities, and we remain committed to our role in ensuring the safety and security of the people of North Dakota during these challenging times," said U.S. Attorney Drew Wrigley. "All across America, as here in North Dakota, Justice Department representatives are maintaining cooperation and coordination with our local, state and tribal law enforcement partners to safeguard our communities, region and nation."
To protect public safety, the U.S. Attorney’s Office will continue to charge and prosecute criminal cases, including national security matters, violent offenders, and all criminal conduct related to the current pandemic. There have been reports of individuals and businesses selling fake cures for COVID-19 online and engaging in other forms of fraud, reports of phishing emails from entities posing as the World Health Organization or the Centers for Disease Control and Prevention (CDC), and reports of malware being inserted into mobile apps designed to track the spread of the virus. Any such criminal conduct occurring in the District of North Dakota will be prosecuted to the fullest extent of the law. Report suspected fraud schemes related to COVID-19 (the Coronavirus) by calling the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or to the NCDF e-mail address [email protected].
The U.S. Attorney’s Office is working closely with the courts and United States Marshals Service to ensure that every appropriate precaution is being taken to ensure the health of those who are called before the court.
U.S. Attorney urges the public to report suspected COVID-19 FraudRead the Press Release
AUSA Matthew Greenley Appointed as Coronavirus Fraud Coordinator
BISMARCK – U.S. Attorney Drew H. Wrigley of the District of North Dakota today urged the public to report suspected fraud schemes related to COVID-19 (the Coronavirus) by calling the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or to the NCDF e-mail address [email protected].
In coordination with the Department of Justice, Attorney General William Barr has directed U.S. Attorneys to prioritize the investigation and prosecution of Coronavirus fraud schemes.
"Federal, state, local and tribal law-enforcement entities are fully engaged, working together and determined to detect, stop and aggressively prosecute those who use this international health crisis to defraud the American people or institutions," said United States Attorney Drew Wrigley, "we will be relentless."
Some examples of these schemes include:
• Individuals and businesses selling fake cures for COVID-19 online and engaging in other forms of fraud.
• Phishing emails from entities posing as the World Health Organization or the Centers for Disease Control and Prevention.
• Malicious websites and apps that appear to share Coronavirus-related information to gain and lock access to your devices until payment is received.
• Seeking donations fraudulently for illegitimate or non-existent charitable organizations.
• Medical providers obtaining patient information for COVID-19 testing and then using that information to fraudulently bill for other tests and procedures.
In a memorandum to U.S. Attorneys issued March 19, Deputy Attorney General Jeffrey Rosen also directed each U.S. Attorney to appoint a Coronavirus Fraud Coordinator to serve as the legal counsel for the federal judicial district on matters relating to the Coronavirus, direct the prosecution of Coronavirus-related crimes, and to conduct outreach and awareness activities. The District of North Dakota Coronavirus Fraud Coordinator is Assistant U.S. Attorney Matthew Greenley. AUSA Greenley is an experienced health care fraud and white collar crime prosecutor.
The NCDF can receive and enter complaints into a centralized system that can be accessed by all U.S. Attorneys, as well as Justice Department litigating and law enforcement components to identify, investigate and prosecute fraud schemes. The NCDF coordinates complaints with 16 additional federal law enforcement agencies, as well as state Attorneys General and local authorities.
To find more about Department of Justice resources and information, please visit www.justice.gov/coronavirus.
Justice Department Files Lawsuit Alleging Disability-Based Discrimination in North Dakota HousingRead the Press Release
The Department of Justice announced today that it filed a lawsuit alleging that Hampton Corporation Inc. and several other individuals and entities violated the Fair Housing Act and Americans with Disabilities Act by failing to design and construct multifamily residential properties and an associated rental office in North Dakota so that they are accessible to people with disabilities.
Along with its lawsuit, the department submitted to the court a partial consent decree resolving claims against the architect and engineer involved in the design of one of the four apartment complexes at issue in the lawsuit: Hepper Olson Architects LTD, and Pribula Engineering PLLC.
“When dwellings are designed and constructed without complying with the Fair Housing Act’s accessibility protections, people suffer,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Department of Justice will work to ensure that individuals with disabilities have an equal opportunity to live in and enjoy their homes safely.”
“Serious accessibility violations that make life more difficult for many North Dakotans with disabilities must be remedied—that is our firm commitment, as we do the important work of enforcing the promises made in the Fair Housing Act and the Americans with Disabilities Act,” said Drew Wrigley, U.S. Attorney for the District of North Dakota.”
The lawsuit, filed in the U.S. District Court for the District of North Dakota, alleges that significant physical accessibility barriers exist at four developments and a rental office designed and constructed by Hampton Corporation Inc.; Daniel Stauss; Scott Stauss; Steeple Apts LLC; HDD Inc.; and Times Square Townhomes II Inc. These barriers include, among other violations, steps or excessive slopes leading to unit entrances from sidewalks and other public use areas; insufficiently wide openings at interior doors that make them inaccessible for many persons with mobility impairments; inadequate interior space to maneuver a wheelchair; and inaccessible parking. The accessibility violations exist at 116 units constructed over an approximately 15 year period.
The properties with alleged violations are the following:
- Townhomes at Charleswood, located at 1908 Burlington Drive in West Fargo, North Dakota;
- Carrington Court Townhouse Apartments, located at 3383 Primrose Court in Grand Forks, North Dakota;
- South Hampton Townhomes, located at 3174, 3274, and 3374 36th Avenue South in Grand Forks, North Dakota;
- Steeples Apartments, located at 2850 and 2950 36th Avenue South in Grand Forks, North Dakota; and
- The rental office serving Carrington Court Townhouse Apartments, South Hampton Townhomes, and Steeples Apartments, located at 3001 36th Avenue South in Grand Forks, North Dakota.
The lawsuit seeks a court order prohibiting Hampton Corporation and the other defendants from designing or constructing future residential properties in a manner that discriminates against persons with disabilities. The lawsuit also seeks an order requiring the defendants to make physical modifications to the properties to bring them into compliance with the Fair Housing Act and the Americans with Disabilities Act; to provide monetary damages to people harmed by the lack of accessibility at the properties; and to pay civil penalties. The partial consent decree requires, among other provisions, that Hepper Olson Architects and Pribula Engineering contribute to a fund to pay monetary compensation to individuals harmed because of the accessibility violations and that Hepper Olson Architects contribute to a fund to pay for modifications to inaccessible features at the buildings.
The Justice Department, through the U.S. Attorney’s Offices and the Civil Rights Division, enforces the FHA, which prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. Among other protections, the FHA requires that all multifamily housing constructed after March 13, 1991, have basic physical accessibility features, including, among other things, accessible routes without steps to all single-story, ground-floor units and to all units in a building served by an elevator. The ADA protects individuals with disabilities from discrimination in public accommodations, including the rental office at issue in this case. The full and fair enforcement of the Fair Housing Act and the Americans with Disabilities Act and their mandates to integrate individuals with disabilities is a major priority of the Civil Rights Division.
More information about the Civil Rights Division and the laws it enforces is available at www.usdoj.gov/crt. Individuals who believe that they may have been victims of housing discrimination can call the Justice Department at 1-800-896-7743, email the Justice Department at [email protected], or contact HUD at 1-800-669-9777, or through its website at https://www.hud.gov/program_offices/fair_housing_equal_opp.
The complaint contains allegations of unlawful conduct. The allegations in the complaint must be proven in court. Persons who believe they may have been harmed by inaccessible features at any of the above properties should contact the Department of Justice at 1-800-896-7743 Ex. 9994.