District of North Dakota
Press releases recorded for this federal judicial district.
Minot, ND, Man Indicted for Possession of a Firearm and Ammunition by a Convicted FelonRead the Press Release
Bismarck – United States Attorney Drew H. Wrigley announced that on March 9, 2020, Jordan Devon Bailey, 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 Bailey on the charges of Possession of a Firearm and Ammunition and an Illegal Firearm by a Convicted Felon. Specifically, the Grand Jury alleges that on December 31, 2019, North Dakota Probation and Parole conducted a search of Bailey’s residence and garage after receiving information that Bailey was in possession of a firearm. A loaded .40 caliber pistol and a short-barrel shotgun were located in his garage. Bailey is a convicted felon for the offenses of Unlawful Possession of a Firearm-Felon in North Dakota and Burglary and Possession of a Firearm by a Prohibited Person in Nevada and is prohibited from possessing firearms or ammunition. 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 Bureau of Alcohol, Tobacco, and Firearms; Ward County Narcotics Task Force; and North Dakota Probation and Parole.
Special Assistant United States Attorney Jeremy A. Ensrud is prosecuting the case.
Minot, ND, Man Indicted for Possession of Ammunition by a Convicted FelonRead the Press Release
Bismarck – United States Attorney Drew H. Wrigley announced that on March 5, 2020, Noah Jarvis Abraham 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 Abraham on the charge of Possession of Ammunition by a Convicted Felon. Specifically, the Grand Jury alleges that on January 21, 2020, Abraham stole 9mm ammunition from Scheels Sporting Goods store in Minot, ND. Abraham is a convicted felon for the offense of Terrorizing and is prohibited from possessing firearms or ammunition. 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 Bureau of Alcohol, Tobacco, and Firearms and the Minot Police Department.
Assistant United States Attorney Jeremy A. Ensrud is prosecuting the case.
Mandan, ND, Man Arrested for Failure of RegisteredRead the Press Release
Bismarck – United States Attorney Drew H. Wrigley announced that on March 6, 2020, Maurice Robert Thill made his initial appearance and was arraigned in Federal Court on the charge of Failure of Registered Sex Offender to Report International Travel. The trial has been scheduled for May 12, 2020, before Judge Daniel Traynor.
Thill is a registered sex offender based on his prior convictions in Burleigh, Morton, and McLean Counties in North Dakota for Gross Sexual Imposition in 1990, 1991 and 2004. Under Federal law, registered sex offenders must report all intended foreign travel to the registration authority 21 days in advance of any such travel and complete an international travel form with the US Marshal’s Service. It is alleged that Thill traveled outside of the United States between December 2019 and January 2020 without reporting such intended travel and/or completing the US Marshal Service international travel form.
This case was investigated by the US Marshal’s Service, Morton County Sheriff’s Department and Homeland Security Investigations.
Assistant United Sates Attorney Rick Volk is prosecuting the case
Federal Grand Jury Indicts Nigerian Nationals for Multiple Fraud Schemes against Dickinson, ND CompanyRead the Press Release
BISMARCK – U.S. Attorney Drew H. Wrigley announced that Federal Court documents were unsealed on February 10, 2020, revealing that the federal grand jury has indicted 1) Kolawole Bamidele Akande, a/k/a Patric Elis Ferguson 2) Olawale Sule a/k/a Brand King Mohamed; and 3) Babatope Joseph Aderinoye a/k/a Wilson Tidwell on charges of 1) Conspiracy to Commit Bank Fraud; 2) Conspiracy to Commit Wire Fraud; 3) Conspiracy to Commit Mail Fraud; 4) Conspiracy to Commit Money Laundering; 5) Mail Fraud; and 6) Money Laundering.
The Indictment alleges that the defendants participated in a complicated computer intrusion scheme targeting a Dickinson, ND company which was allegedly defrauded out of approximately $348,000.00. The Indictment alleges that the defendants fraudulently obtained checks from the Dickinson company through the mail and deposited these checks in fraudulently obtained accounts in financial institutions located within the State of Texas. Once the funds from these checks were available for withdrawal and transfer, the defendants is alleged to have withdrawn and transferred the funds to conceal and disguise their nature, location, source, and ownership.
"While the alleged financial scheme in this case is complex," said U.S. Attorney Drew Wrigley, "our investigative team has pieced this string of fraudulent acts together and we look forward to presenting our evidence in court."
Olawale Sule a/k/a Brand King Mohamed’s arraignment was held before United States Magistrate Judge Clare R. Hochhalter, on February 28, 2020, in Bismarck, North Dakota. Olawale Sule was previously arrested on December 18, 2019, under a separate indictment for money laundering. He had an initial appearance, identity hearing, and detention hearing, in Federal Court in the Northern District of Texas. The Court there ordered that the defendant be detained and that the United States Marshalls Service transport Olawale Sule to the District of North Dakota.
This case is being investigated by the Federal Bureau of Investigation; United States Postal Inspection Service; Homeland Security Investigations, and the United States Attorney’s Office in the Northern District and Eastern District of Texas, and is being prosecuted by Assistant United States Attorney Jonathan O’Konek
The Indictment in this case is not evidence of guilt. The defendants are presumed innocent unless or until proven guilty beyond a reasonable doubt at trial.
Bismarck, ND Man Arrested for Theft of Knife River Indian Villages National Historic Site PropertyRead the Press Release
Bismarck – U.S. Attorney Drew H. Wrigley announced that on February 25, 2020, Charles Joseph Folk, Age 42 of Bismarck, ND, made his initial court appearance to face federal theft charges. A federal grand jury has indicted Folk on a single count of theft of government property. Specifically, over a two year period, while Folk was a national park service employee, he is alleged to have stolen approximately $10,000.00 worth of property belonging to the Knife River Indian Villages National Historic Site.
"Federal employees are placed in a position of special trust, which makes these allegations even more troubling," said U.S. Attorney Drew Wrigley.
An Indictment is an accusation and notice of charges, and the defendant is presumed innocent until proven guilty. A trial is scheduled for April 21, 2020, before Senior Judge Daniel L. Hovland.
This case was investigated by the National Park Service.
Assistant United Sates Attorney Jonathan J. O’Konek is prosecuting the case.
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Mandaree, ND Man sentenced to 40 years in Federal Prison for Aggravated Sexual Abuse of a ChildRead the Press Release
BISMARCK – United States Attorney Drew H. Wrigley announced that on February 21, 2020, United States District Judge Daniel L. Hovland sentenced Kelly Shayne Mason, age 38, Mandaree, ND, for multiple counts of sexual abuse of children under the age of 12. On November 1, 2019, Mason pled guilty to three counts of Aggravated Sexual Abuse of a Child. Judge Hovland sentenced Mason to serve 40 years in prison for all three counts to run concurrently, followed by lifetime of supervised release. Mason was also ordered to pay $ 300 special assessment to the Crime Victims’ Fund.
"The defendant heartlessly stole the security and innocence from three children’s lives," said United States Attorney Drew H. Wrigley, "and the investigative team has brought the defendant to his reckoning. The sexual exploitation of these children is over, and justice has been served."
In 2017, one of three child victims in this case told police that Mason had sexually abused her on Spirit Lake Reservation approximately a decade earlier. The report launched a full investigation, during which investigators learned that Mason had victimized three children. Each of the three child victims were then interviewed by the Northern Plains Children’s Advocacy Center in Minot, ND. All three victim girls were under the age of 12 at the time that Mason sexually abused them. On multiple days between September 2006 and August 2010, Mason sexually abused the girls while inside their Fort Totten, ND home.
This case was investigated by the Federal Bureau of Investigation and Three Affiliated Tribes Police Department, and was prosecuted by Assistant United States Attorney Jake Rodenbiker.
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VELVA, ND Woman and MINOT, ND Man Arrested for Multiple Counts of Producing, Receiving and Distributing Child PornographyRead the Press Release
Bismarck – United States Attorney Drew H. Wrigley announced that two co-defendants have been indicted and detained on federal child exploitation charges. On February 11, 2020 Katie Heidinger of Velva, ND made her initial court appearance on Six Counts of Producing Sexually Explicit Images of Minors and One count of Distribution of Sexually Explicit Images of Minors. Today in federal court, Magistrate Judge Hochhalter ordered that Heidinger be detained without bond, pending trial. Co-defendant Derrick Walker of Minot, ND is charged by the grand jury with the same six counts of production and is also charged in separate count of Receipt of Images Depicting the Sexual Exploitation of Minors. On February 10, 2020, Walker was ordered to be detained, pending trial on the matter. An Indictment is an accusation and notice of charges, and the defendants are presumed innocent until proven guilty.
"The Federal grand jury has issued indictments alleging numerous counts of child sexual exploitation against Katie Heidinger of Velva, ND and Derrick Walker of Minot, ND," said U.S. Attorney Drew Wrigley "and we are preparing to move toward trial and justice for the multiple child victims in this case."
The federal grand jury indictment alleges that Katie Heidinger possessed numerous videos and images depicting the sexual exploitation of minor children "John Doe One", "John Doe Two", "John Doe Three", "John Doe Four", "Jane Doe One", and "Jane Doe Two". Federal and State investigators allege that Katie Heidinger was involved in a romantic relationship with Derrick Walker and that Heidinger produced and distributed the videos and images, using the internet, at Walker’s request. Heidinger was initially arrested and charged in McHenry County, ND, and remains charged there with multiple counts of Gross Sexual Imposition. Walker was arrested and initially charged in Ward County and currently has no state charges pending.
This case was investigated by the McHenry County Sheriff’s Office, Ward County Sheriff’s Office, North Dakota Bureau of Criminal Investigation, and the Department of Homeland Security, Minot Office.
Assistant United Sates Attorney Gary Delorme is prosecuting the case.
Williston Man Arrested for Failure to Update Sex Offender RegistrationRead the Press Release
Bismarck – United States Attorney Drew H. Wrigley announced that on February 10, 2020 Richard Valenzuela Velasquez made his initial appearance and was arraigned before Magistrate Judge Clare R. Hochhalter on the charges of Failure to Update Sex Offender Registration. The trial has been scheduled for March 31, 2020 before District Judge Daniel M. Traynor.
Velasquez is a registered sex offender based on his conviction under Colorado law for Attempted Sexual Assault of a Child in 2005. It is alleged that sometime after January 21, 2016, Velasquez traveled to North Dakota and failed to register with any sex offender registration authority despite his requirement to do so. Velasquez was previously registered as a sex offender in California. Under Federal law, sex offenders must update their registration within 3 business days of any change to their address, employment, and other matters.
This case was investigated by the US Marshal’s Service; ND Bureau of Criminal Investigation; Williams County Sheriff; Williston Police Department;
Assistant United Sates Attorney Rick Volk is prosecuting the case.
WILLISTON, ND Man Arrested for Failure of Registered Sex Offender to Report International TravelRead the Press Release
Bismarck – United States Attorney Drew H. Wrigley announced that on February 10, 2020 Leonard Barton Higdon made his initial appearance and was arraigned before Magistrate Judge Clare R. Hochhalter on the charges of Failure of Registered Sex Offender to Report International Travel. The trial has been scheduled for March 31, 2020 before Senior Judge Daniel L. Hovland.
Higdon is a registered sex offender based on his convictions under Georgia law for Statutory Rape of a 13 year old child on 10/28/1996 and Sexual Battery of a Child Under Age 16 on 8/28/2006. Under Federal law, registered sex offenders must report all intended foreign travel to the registration authority 21 days in advance of any such travel and complete an international travel form with the US Marshal’s Service. It is alleged that Higdon traveled outside of the United States at the end of November 2019 without reporting such intended travel and/or completing the international travel form.
This case was investigated by the US Marshal’s Service; U.S. Customs and Border Protection; ND Bureau of Criminal Investigation; Williams County Sheriff; Williston
Police Department; Assistant United Sates Attorney Rick Volk is prosecuting the case.
Bismarck, ND, Man Indicted for Possession of Firearm by a Convicted FelonRead the Press Release
Bismarck – United States Attorney Drew H. Wrigley announced that on February 10, 2020, Juan Ramon Maisonet, appeared before United States Magistrate Judge Clare Hochhalter at initial appearance and arraignment hearings. The United States District Court for the District of North Dakota unsealed an Indictment revealing that a federal grand jury indicted Maisonet on the charge of Possession of Firearm by a Convicted Felon. Specifically, the Grand Jury alleges that Maisonet fled from BPD officers and had to be subdued at which time a loaded .45 caliber revolver was discovered in Maisonet’s possession. Maisonet is a convicted felon and is prohibited from possessing firearms or ammunition. 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 Bureau of Alcohol, Tobacco, and Firearms and the Bismarck Police Department.
Assistant United States Attorney Brandi Sasse Russell is prosecuting the case.
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Court of Appeals Rejects Bala’s Request for a Certificate of InnocenceRead the Press Release
On February 4, 2020, the United States Court of Appeals for the Eighth Circuit rejected Susan Bala’s second attempt to obtain a “certificate of innocence,” based on the Court’s previous decision finding that Bala was “not truly innocent of state criminal gaming law violations.” United States v. Bala, No. 18-2849 (8th Cir. Feb. 4, 2020); United States v. Racing Servs., Inc., 580 F.3d 710 (8th Cir. 2009).
This matter arose from a jury’s 2005 conviction of Bala for running an illegal gambling operation. In 1989, North Dakota legalized parimutuel wagering on horse races conducted outside of North Dakota and simulcast to a licensed off-track betting operator within the state. State law allowed only licensed charitable organizations to conduct simulcast parimutuel wagering. In 1993, Bala’s company, Racing Services, Inc. (“RSI”), was authorized to simulcast horse races to licensed off-track betting locations in North Dakota. RSI also established and maintained the combined parimutuel pools of North Dakota bets on behalf of licensed off-track betting operators.
North Dakota amended its parimutuel laws in 2001 to permit a form of betting called account wagering, which allowed a bettor to deposit funds in an account and use those funds to pay for parimutuel wagers, either in person, by telephone, or through electronic communication. Parimutuel wagers previously had to be made in person. In the wake of the 2001 amendments, RSI became the sole entity in North Dakota through which parimutuel bettors could conduct account wagering bets. State law required an entity conducting account wagering to pay some portion of the account wagering proceeds to a charitable organization. RSI set up a call center to conduct account wagering at its Fargo headquarters where RSI employees processed bets from bettors with wagering accounts.
In 2002, without notifying state regulators, RSI moved some of its equipment and tellers to an undisclosed call site in Fargo and began conducting account wagering there. Over the course of several months, RSI processed “off book” account wagering bets at the undisclosed site totaling over $99,000,000. Contrary to state law, RSI and Bala paid no part of these wagering proceeds to the state or to the charities licensed as off-track bettor operators. RSI and Bala also hid the gambling occurring at this undisclosed site from the state by not licensing the site and the tellers working there, using a bookkeeping system that disguised the gambling activities occurring there, and omitting those activities from RSI’s required weekly reports of all parimutuel bets placed in North Dakota. After an RSI employee reported to the state that RSI was conducting rogue parimutuel gambling at the undisclosed site, the state shut it down.
The state referred the matter to the Federal Bureau of Investigation. Following an investigation, a federal grand jury indicted Bala on charges of conspiring to conduct an illegal gambling business and to commit money laundering, among others. Bala proceeded to trial. Bala’s co-defendants—a vice president of RSI and the chief financial officer of RSI—acknowledged the illegal nature of the unreported account wagering conducted at the undisclosed site, pleaded guilty, and testified against Bala. The jury convicted Bala, and the district court sentenced her to 27 months in prison. The Eighth Circuit later reversed her convictions on the grounds that, although Bala committed the acts alleged, insufficient evidence supported the guilty verdicts beyond a reasonable doubt. United States v. Bala, 489 F.3d 334 (8th Cir. 2007).
Bala filed her first petition for a certificate of innocence in 2008. To obtain a certificate of innocence, an individual must prove she is actually innocent, a different determination from the Eighth Circuit’s ruling that the evidence of criminality did not support a finding of guilt beyond a reasonable doubt. The district court concluded that Bala could not meet her legal burden and was not actually innocent. The district court reasoned that, not only had Bala likely violated multiple provisions of North Dakota law, but she also brought about her prosecution through her actions. As the district court held, “a certificate [of innocence] . . . is appropriate only when ‘no offense’ was committed and the defendant did not contribute to his or her prosecution. Clearly, this is not the case here.” On appeal, the Eighth Circuit “agree[d] with the [district] court’s assessment” that Bala was not truly innocent of all state law offenses and thus did not qualify for a certificate of innocence. United States v. Racing Servs., Inc., 580 F.3d 710 (8th Cir. 2009); United States v. Racing Servs., Inc., No. 3:03-cr-00112, Doc. 202 (D.N.D. Sept. 19, 2008).
Nine years later, Bala filed another petition for a certificate of innocence, claiming that other parties in ongoing bankruptcy proceedings used her overturned convictions and the denial of a certificate of innocence against her. The district court denied her petition, concluding again that Bala was not actually innocent and that Bala could not revisit the prior denial of a certificate of innocence. United States v. Bala, No. 3:03-cr-00112, Doc. 234 (D.N.D. Aug. 8, 2018).
The Eighth Circuit today agreed, holding that the Court’s prior conclusion that Bala was “not truly innocent of state criminal gaming law violations” barred her second attempt to obtain a certificate of innocence. A certificate of innocence is available only to “the truly innocent, making it necessary to separate from the group of persons whose convictions have been reversed, those few who are in fact innocent of any offense whatever.” The Court rejected Bala’s argument that circumstances had changed since the Court rejected her first petition for a certificate of innocence. The Court thus concluded he legal doctrine of res judicata barred her second petition.
Assistant United States Attorney Megan A. Healy represented the United States.
U.S. Attorney’s Office Reaches ADA Settlement with North Dakota State University Regarding the Sanford Health Athletic ComplexRead the Press Release
FARGO - 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 a settlement agreement with North Dakota State University to resolve allegations that the Sanford Health Athletic Complex violated the Americans with Disabilities Act of 1990 ("ADA"). The Sanford Health Athletic Complex opened in 2016, and the facility is a multipurpose 5,685-seat arena used for basketball, wrestling, and training.
The settlement agreement resolves an ADA complaint alleging that the Sanford Health Athletic Complex was not fully accessible to individuals with disabilities. During its investigation, the U.S. Attorney’s Office found that the Sanford Health Athletic Complex did not provide sufficient wheelchair seating, seating for companions to users of wheelchairs, accessible aisle seating, and further, that the accessible seating provided was not integrated and dispersed throughout the facility. The U.S. Attorney’s Office also found that the Sanford Health Athletic Complex did not provide adequate accessible parking, and the toilet rooms, signage, concession stands, ramps, drinking fountains, and assistive listening devices did not comply with the ADA’s requirements. Under the settlement agreement, NDSU will provide adequate, integrated, and dispersed wheelchair and companion seating, provide proper accessible parking, and cure all other noted violations of the ADA.
Under federal law, discrimination on the basis of a disability in the services, programs, or activities of a public entity such as North Dakota State University is prohibited. Newly constructed buildings, like the Sanford Health Athletic Complex, are required to comply with the
ADA’s program accessibility requirements and be readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.
"Protecting access for individuals with disabilities will continue to be a priority for the District of North Dakota," said U.S. Attorney Wrigley. "North Dakota State University cooperated throughout this investigation and I commend its commitment to take swift remedial action to address all ADA violations when these barriers to accessibility were brought to its attention," adding that "the SHAC is a marvelous venue, and this settlement will help ensure access for all to enjoy the hosted events in comfort."
This matter was handled by Assistant U.S. Attorneys Melissa H. Burkland and Tara Vavrosky Iversen of the District of North Dakota.
2020 marks 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. 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 ada.gov or contact the U.S. Attorney’s Office at 701-297-7400.
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Watford City, ND Man sentenced to 10 years in Federal Prison for Possession of a Firearms and Ammunition by a Convicted FelonRead the Press Release
BISMARCK – United States Attorney Drew H. Wrigley announced that on January 27, 2020, United States District Judge Daniel L. Hovland sentenced Willie Israel Navarette, age 42, Watford City, ND, on charges of Possession of Firearms and Ammunition by a convicted felon. A jury convicted Navarette of Possession of Firearms and Ammunition by a Convicted Felon on October 23, 2019, in Bismarck. Judge Hovland sentenced Navarette to serve 10 years imprisonment, followed by three years of supervised release and ordered to pay $100 special assessment to the Crime Victims’ Fund.
This case began when Navarette was stopped for a traffic offense during the early morning hours of May 30, 2018 in Williston, ND. Navarette, the driver and sole occupant could not produce identification. The officer observed a loaded gun magazine in the vehicle as Navarette exited. The officer also observed an empty gun holster on Navarette’s belt. Officers searched Navarette’s vehicle and located a loaded 40-caliber Glock, two rifles, an assortment of ammunition, marijuana, and drug paraphernalia.
Navarette was prohibited from legally possessing a firearm and ammunition due to a 2009 federal conviction in the Western District of Texas for felon in possession of a firearm. He was on federal supervision at the time of the offense in North Dakota.
This case was investigated by the Bureau of Alcohol, Tobacco and Firearms; US Probation Office, Western District of Texas; and the Williston Police Department, and prosecuted by Assistant United States Attorney David Hagler.
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Grand Forks, ND, Man Sentenced to 9 Years in Federal Prison for Possession of Child Pornography.Read the Press Release
Fargo – United States Attorney Drew H. Wrigley announced that on January 23, 2020, U.S. District Court Chief Judge Peter D. Welte sentenced Nicholas Adam Bartholome, age 28, Grand Forks, ND, to serve 9 years in federal prison, followed by 10 years supervised release for Receipt and Possession of Child Pornography. Bartholome was further ordered to pay $200 in special assessments to the Crime Victims’ Fund.
"Child pornography is comprised of crime scene photos where child subjects are horrifyingly victimized every time the photo is shared," said United States Attorney Drew Wrigley, "and the motives of profit and the depravity of sharing and viewing these images fuel an industry that we aim to help eradicate, including by investigating and imprisoning perpetrators like Nicholas Adam Bartholome"
This case came to the attention of law enforcement after an agent assigned to the Internet Crimes Against Children (ICAC) Task Force began investigating individuals trading child pornography on a hidden network. Thereafter, Bartholome downloaded child pornography from computers operating in the network. The investigation revealed that between August 2017 and May 2018, Bartholome made multiple on-line requests for images and videos of known child pornography from others. On June 19, 2018, a search warrant was executed at the Bartholome’s residence in Grand Forks, ND, at which time
various electronic devices were located and seized. Bartholome was interviewed and admitted to using multiple networks to obtain child pornography.
A forensic examination of Bartholome’s electronic devices revealed over 1,100 files of violent child pornography. Bartholome’s collection of images and videos depicted the violent sexual assaults of prepubescent children as young as two years of age. Other images and videos depicted sadistic conduct involving prepubescent children.
United States Attorney Drew Wrigley complimented the outstanding investigative work of this case investigated by Homeland Security Investigation (HSI), North Dakota Bureau of Investigation and the Grand Forks Police Department, and he praised Assistant United States Attorney Jennifer Klemetsrud Puhl for her continued leadership in prosecuting child pornography and exploitation cases.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by U.S. Attorney’s Offices throughout the nation, Project Safe Childhood, in conjunction with Internet Crimes Against Children Task Force (ICAC), help federal, state, and local law enforcement agencies enhance their investigative responses to offenders who use the Internet, online communications systems, or computer technology to sexually exploit children. The ICAC Program is a national network of 61 coordinated task forces engaging in proactive investigations, forensic investigations, and criminal prosecutions. Project Safe Childhood also helps to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Wahpeton, ND, Man Sentenced to 10 years in Federal Prison for the Transportation of a Child for purpose of Engaging in Illicit Sexual ActivityRead the Press Release
Fargo – United States Attorney Drew H. Wrigley announced that on January 22, 2020, U.S. District Court Chief Judge Peter D. Welte sentenced Dustin James Gilleo, age 33, Wahpeton, ND, to serve 10 years in federal prison, followed by a 15 years of supervised release for the charge of Transportation of a Minor. Gilleo was further ordered to pay $100 in special assessments to the Crime Victims’ Fund and $900 in restitution to the North Dakota Crimes Victims’ Compensation.
“The internet erased distance and created the opportunity for this defendant to entice a juvenile away from the safety of her home and into the sordid web of a sexual predator,” said United States Attorney Drew Wrigley, “I commend the work of each law enforcement entity involved in this case, as their swift action avoided further victimization and put this predator away.”
On January 3, 2019, the Beautfort County Sheriff’s Office, South Carolina, reported that a missing juvenile female from Burton, SC, had been located via cellular phone tracking at the Minneapolis-St. Paul (MSP) International Airport. Further investigation by the MSP Airport Security revealed the missing juvenile entered a vehicle belonging to Dustin Gilleo of Wahpeton, ND. On January 4, 2020, the Wahpeton Police Department located the missing juvenile female at a residence in Wahpeton, ND, at which time law enforcement removed the juvenile from the residence, and later interviewed her. During the interview, she said she left her residence in South Carolina and met Gilleo at the MSP Airport as they had previously planned. Gilleo then drove the juvenile to his residence in Wahpeton, ND, where Gilleo and the juvenile engaged in sexual intercourse.
Gilleo admitted that the female found at his apartment was the missing juvenile from Burton, South Carolina. Gilleo acknowledged meeting the juvenile online and the two had been communicating for over five months. Gilleo admitted their communications were sexual in nature and that they had exchanged sexually explicit images of one another via text and various apps. Gilleo further admitted that he knew the girl was 16 years old at the time she travelled to North Dakota, and he admitted to having sexual intercourse with the girl at his apartment.
United States Attorney Drew Wrigley commended those involved in the investigation and prosecution of this case, the Homeland Security Investigation, North Dakota Bureau of Investigation, Wahpeton Police Department, the Beaufort County Sheriff’s Office, South Carolina, and Assistant United States Attorney Jennifer Klemetsrud Puhl.
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Spirit Lake Man Sentenced to 10 Years in Federal Prison for Assault Resulting in Serious Bodily Injury of a ChildRead the Press Release
Fargo – Today in U.S. District Court, Chief Judge Peter D. Welte sentenced Jonathan James Hill, age 23, to 10 years in federal prison for the offense of Assault Resulting in Serious Bodily Injury. Defendant Hill is an enrolled member of the Spirit Lake Sioux Tribe and the Sisseton Wahpeton Sioux Tribe. Upon completion of his prison sentence, Hill will be placed on five years of supervised release with a number of conditions including that he have no contact with children under the age of 18 without express permission of his supervising agent. Hill will also be required to pay restitution.
The investigation in this case began on January 1, 2019, when emergency medical technicians responded to a residence in Fort Totten, ND, within the boundaries of the Spirit Lake Reservation, for a report of an unresponsive baby. Medical providers described the 20-month-old baby as “noticeably bruised to face & entire body.” The baby was diagnosed with multiple acute and chronic injuries to the brain and body. Medical providers believed the injuries to be “non-accidental” and were later determined to be consistent with abusive head trauma and child physical abuse. The baby’s injuries required air transport for medical treatment, surgical intervention, and months-long hospitalization.
“The Department of Justice has a special trust responsibility for Native American land and people,” said United States Attorney Drew Wrigley, “and we view that trust as particularly sacred when we are called upon to seek justice on behalf of children.”
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, and prosecuted by Assistant United States Attorney Lori H. Conroy.
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MEDIA ADVISORY - U.S. Attorney and FBI Leadership Brief Family of Olivia Lone Bear on Death InvestigationRead the Press Release
BISMARCK – United States Attorney Drew H. Wrigley and FBI Assistant Special Agent in Charge Robert Perry traveled to New Town, ND, today and met with family members of Ms. Olivia Lone Bear for the purpose of briefing them on the status of the death investigation. The federal law enforcement delegation then provided a similar briefing to Mr. Roger White Owl, Chief Executive Officer for Chairman Mark Fox of the Mandan Hidatsa and Arikara Nation, and Three Affiliated Tribes Police Chief, Nelson Heart and senior leadership.
On October 27, 2017, Ms. Olivia Lone Bear, age 32, was reported missing to the Three Affiliated Tribes Police Department, two days since the last time she had been seen by her father, Harley “Tex” Lone Bear, who made the missing person report. Over the ensuing days, the Three Affiliated Tribes Police Department, the Bureau of Indian Affairs, and other state and local law enforcement agencies investigated Ms. Lone Bear’s disappearance. In early November 2017, the Federal Bureau of Investigation (FBI) was invited into a supporting role for the existing investigation.
During the week of July 23 through July 27, 2018, a civilian searcher using a small boat equipped with sonar located what the searcher suspected was a truck submerged in Lake Sakakawea near Sanish Bay, in New Town, ND, on the Fort Berthold Indian Reservation. The searcher took photographs of the sonar produced images and provided the images to the Three Affiliated Tribes law enforcement. On July 31, 2018, a law enforcement diver investigated the site and discovered a truck submerged in approximately 21 feet of water, 400 feet from the shore, and located approximately 1-1/2 miles from Ms. Lone Bear’s residence.
The truck was towed out of the lake, and law enforcement discovered the presence of a human body in the passenger seat, with the seat belt still securing the body in place. Forensic examination of the body later confirmed it to be that of Ms. Olivia Lone Bear. Medical personnel conducted an autopsy of Ms. Lone Bear and the cause of death was ruled undetermined. Additionally, medical personnel noted that they did not find definitive traumatic, natural, or toxicological causes for her death. Once law enforcement located Ms. Lone Bear’s body, the applicable laws and protocols enabled the FBI to take the lead on the investigation into both the cause of Ms. Lone Bear’s disappearance and her death.
The FBI and the United States Attorney’s Office remain fully committed to this investigation. To date, the FBI, in conjunction with the United States Attorney’s Office, has issued multiple investigative subpoenas and search warrants. FBI Special Agents have interviewed dozens of witnesses, conducted multiple forensic examinations, and enlisted the support of several specialized law enforcement teams for their insight and expertise regarding this matter.
“Olivia's family and members of her community want to know what happened to her and so do we," said Minneapolis FBI Special Agent in Charge Jill Sanborn. "We share the desire to bring closure to this case and peace to Olivia's family and fully understand the frustration a lengthy investigation can cause. Our primary goal is to uncover the facts surrounding her death in order to get a clear picture of what actually occurred," added Sanborn.
“We remain resolute in our commitment to work closely with federal, state, tribal, and local law enforcement as we pursue all emerging evidence in this investigation,” said United States Attorney Drew Wrigley, “and we will continue to pursue all leads and pathways on the road to the truth. That’s our pledge to Olivia, and to those who knew and loved her.”
The search warrants for this investigation have been unsealed, Case Numbers: 1:18-mj-00245; 1:18-mj-00292; and 1:19-mj-0040.
Following today’s meeting, it was announced that the FBI is seeking more information in this case and is offering a reward of up to $10,000 for actionable information that leads to the identification of those responsible for Ms. Lone Bear’s disappearance. Anyone with information is urged to call 1-800-CALLFBI (1-800-225-5324) or file tips at https://tips.fbi.gov.
Jamestown, ND, Man Sentenced to 12 1/2 Years for Possession and Distribution of Child PornographyRead the Press Release
“We are fully committed to detecting, investigating, and aggressively prosecuting the reprehensible defendants who create, distribute, or possess child pornography.”
--United States Attorney Drew H. Wrigley
Fargo – United States Attorney Drew H. Wrigley announced that on November 15, 2019, Chief Judge Peter D. Welte, U.S. District Court, Fargo, ND, sentenced Brent Robert Braun, age 44, Jamestown, ND, to serve 12 ½ years in prison, followed by a 15 years of supervised release for the charges of Possession and Distribution of Materials Containing Child Pornography. Braun was further ordered to pay restitution in the amount of $46,000 to the victims and $200 in special assessments to the Crime Victims’ Fund.
Between March 2018 and June 2018, Special Agents from the North Dakota Bureau of Investigation conducted an online investigation of peer-to-peer file sharing networks for individuals sharing child pornography, and discovered that hundreds of files containing known child pornography had been downloaded to Brent Braun’s internet IP address. A search of Braun’s residence revealed several electronic media devices which contained more than 21,000 files of child pornography and more than 1.2 million files of child erotica. The child pornographic material depicted the graphic sexual abuse of children as young as two years of age.
“Every one of these images is essentially a crime scene photo cataloguing the brutal sexualization and victimization of the children involved,” said United States Attorney Drew Wrigley, “as such, we are fully committed to detecting, investigating, and aggressively prosecuting the reprehensible defendants who create, distribute, or possess child pornography. We must fight to protect children from these horrifying crimes.”
This case was investigated by the North Dakota Bureau of Investigation.
Assistant United States Attorney Jennifer Klemetsrud-Puhl prosecuted the case.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by U.S. Attorney’s Offices throughout the nation, Project Safe Childhood, in conjunction with Internet Crimes Against Children Task Force (ICAC), help federal, state, and local law enforcement agencies enhance their investigative responses to offenders who use the Internet, online communications systems, or computer technology to sexually exploit children. The ICAC Program is a national network of 61 coordinated task forces engaging in proactive investigations, forensic investigations, and criminal prosecutions. Project Safe Childhood also helps to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Cleveland, ND, Woman Pleads Guilty to Visa and Mail FraudRead the Press Release
FARGO – United States Attorney Drew H. Wrigley, District of North Dakota, announced that on November 14, 2019, Catherina Knecht, a/k/a Catherina Rheeder, age 43, formerly from Cleveland, ND, now residing in Williston, ND, pleaded guilty before Chief Judge Peter D. Welte, U.S. District Court, Fargo, ND, to an Indictment charging her with False Statement, False Swearing in an Immigration Matter, and Mail Fraud.
Knecht ran a business, Liberty Immigration & Visas, from her home in Cleveland, ND. Liberty Immigration aided employers seeking to obtain temporary workers under the H-2A (temporary agricultural) and H-2B (temporary nonagricultural) visa programs. An investigation by the Department of Labor’s Wage and Hour Division uncovered evidence of Knecht engaging in visa fraud. The Document Benefits Fraud Task Force in Minneapolis, MN, conducted a criminal investigation. They found evidence of fraud throughout Knecht’s visa work. This fraud included fraudulently securing H-2A status for foreign workers under the approved H-2A petitions of certain employers without the knowledge of those employers. Knecht then placed those H-2A workers with a different employer who was not authorized to employ H-2A workers. In the course of doing so, Knecht made materially false statements in both applications to Department of Labor (DOL) and in petitions to US Citizenship and Immigration Service (USCIS). Knecht committed mail fraud by submitting those applications via the mail. Knecht also placed foreign workers without authorization to work in the United States with employers and required the employers to pay her directly, telling those employers the workers’ visa paperwork was in progress.
Sentencing is scheduled for February 12, 2020, at 9:00 a.m., before Chief Judge Peter D. Welte.
"Securing the borders through immigration enforcement is a top priority for our Administration, and document fraud is the crime that too often helps keep people in the country illegally, so we will remain committed to prosecuting those whom attempt to dangerously erode our immigration and visa laws," said United States Attorney Drew Wrigley.
"Homeland Security Investigations remains committed to working in collaboration with our law enforcement partners to identify and dismantle criminal schemes designed to exploit our nation’s legal immigration system and interfere with legitimate businesses," said Tracy J. Cormier, Special Agent in Charge, HSI, St. Paul, MN. "HSI’s mission to bring these criminals to justice is instrumental to protecting the public and keeping these government programs intact."
"Catherina Knecht misused the H-2A program in order to enrich herself at the expense of foreign workers and American employers. The U.S. Department of Labor -Office of Inspector General will continue to work with the Department’s Wage and Hour Division and our law enforcement partners to vigorously pursue those who commit fraud involving foreign labor certification programs," said Irene Lindow, Special Agent-in-Charge, Chicago Region, U.S. Department of Labor - Office of Inspector General.
"Today’s guilty plea sends a strong message: The Diplomatic Security Service is committed to working with the U.S. Department of Justice, and our local law enforcement partners to investigate and prosecute all allegations of criminal activity related to passport and visa fraud," said Patrick S. Mills, Special Agent in Charge of the DSS Chicago Field Office. "The strong relationship we enjoy with our federal and local law enforcement partners is vital towards ensuring the integrity of U.S. travel documents and protecting greater U.S. interests."
This case was investigated by the Document Benefits Fraud Task Force (DBFTF). The Department of Homeland Security, Department of Justice, Department of Labor, and Department of State created the "Document and Benefit Fraud Task Force" to combat document and immigration benefits fraud. The DBFTF is comprised of federal, state, and local law enforcement agencies that target criminal organizations and beneficiaries behind fraudulent schemes. Agencies involved were the U.S. Department of State - Diplomatic Security Service, U.S. Department of Labor - Office of Inspector General, Department of Homeland Security - Homeland Security Investigations Document Benefit Fraud Task Force, United States Citizenship and Immigration Service, and U.S. Department of Labor - Wage and Hour Division.
This case was prosecuted by Assistant United States Attorney Megan A. Healy.
Neche, ND, Man Sentenced to 60 Years for Multiple Offenses of Sexual Exploitation of a Minor and Possession and Distribution of Child PornographyRead the Press Release
Fargo – United States Attorney Drew H. Wrigley announced that on November 12, 2019, Chief Judge U.S. District Court Peter D. Welte sentenced Brandon Lee Bjornstad, age 35, Neche, North Dakota, to serve 60 years in prison, followed by a lifetime of supervised release for the charges of Sexual Exploitation of Minors, Extortion, Receipt and Distribution of Materials Containing Child Pornography, and Possession of Materials Containing Child Pornography. Bjornstad was further ordered to pay restitution in the amount of $3,635.00 to the victims and $1,800.00 in special assessments to the Crime Victims’ Fund.
Between May 2015 and May 2017, Bjornstad solicited thousands of self-produced child pornography from hundreds of children located across the United States and elsewhere. Using various aliases, Bjornstad coerced hundreds of children into producing and electronically sharing their self-produced sexually explicit images and videos. Bjornstad illegally enticed his victims with the use of multiple social media platforms such as Skype, Kik, Snapchat, and Musical.ly, among others. On hundreds of occasions, he directed the children to engage in very specific sexually explicit conduct after which he recorded the live presentations. In many cases, Bjornstad then shared this material with others, including other children, and other adult men who shared his sexual interest in children. To date, the North Dakota Bureau of Criminal Investigation has identified 90 children residing in three different countries as part of this investigation.
“This defendant used social media and preyed on young girls whom he enticed into self-producing explicit photos and videos,” said United States Attorney Drew Wrigley, adding, “these young girls were essentially coerced into on-line sexual servitude, through manipulation and intimidation. Brandon Lee Bjornstad’s 60 year sentence represents justice in this case, and the details of his heinous crimes send a somber warning about the very real and present dangers that lurk just a key stroke away on so many social media platforms.”
United States Attorney Wrigley praised the efforts of the North Dakota Bureau of Criminal Investigation, Homeland Security Investigations, and Assistant United States Attorney Jennifer Puhl, all of whom Wrigley said, “tirelessly pursued this investigation and secured justice on behalf of hundreds of young victims.”
Assistant United States Attorney Jennifer Puhl prosecuted the case.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by U.S. Attorney’s Offices throughout the nation, Project Safe Childhood, in conjunction with Internet Crimes Against Children Task Force (ICAC), help federal, state, and local law enforcement agencies enhance their investigative responses to offenders who use the Internet, online communications systems, or computer technology to sexually exploit children. The ICAC Program is a national network of 61 coordinated task forces engaging in proactive investigations, forensic investigations, and criminal prosecutions. Project Safe Childhood also helps to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Leeds, ND, Man Sentenced in a $11 Million Dollar Fraud SchemeRead the Press Release
BISMARCK – United States Attorney Drew H. Wrigley announced that on November 12, 2019, US District Court Judge Daniel L. Hovland sentenced Hunter Brian Hanson, age 22, Leeds, ND, on charges of Wire Fraud and Money Laundering, to serve eight years imprisonment, serve a three year period of supervised release, and pay $11,103,309.19 in restitution. Additionally, Judge Hovland ordered that Hunter Hanson forfeit property, which constituted proceeds of the crime and ordered a $1,265,679.29 money judgment against him. Hanson previously pleaded guilty to these charges on July 30, 2019.
The charges and Hanson’s guilty plea stem from Hanson’s criminal acts committed from January 2018 to December 2018, during which time Hanson engaged in a scheme to defraud approximately sixty (60) farmers and elevators in North Dakota and Canada. As a result of Hanson’s fraud schemes, these approximately sixty (60) farmers and elevators suffered significant financial losses totaling approximately $11,103,309.19. Hunter Hanson fraudulently contracted with multiple farmers and grain elevators in an effort to deceitfully obtain grain or other agricultural commodities. Once Hanson fraudulently obtained these commodities, he either failed to pay the farmers and elevators, or in some instances, he sent farmers and elevators checks for which he did not have sufficient funds to cover.
Hunter Hanson, as part of this fraudulent scheme, maintained multiple bank accounts, engaged in check kiting to cover his deposits and withdrawals, illegally laundered money between his bank accounts and other businesses, and often did not have sufficient funds in his bank accounts when he remitted payments to farmers and elevators for money owed on the commodities purchasing contracts. When fraud victims became weary of Hanson’s business practices and non-payment, Hanson sent email communications to lull farmers, elevators, or brokers into a false sense of security, to postpone inquiries, or to make his transactions between the farmers, elevators, or brokers less suspect.
“Hunter Hanson’s criminal acts cost producers, elevators and brokers over 11 million dollars,” said United States Attorney Drew Wrigley. “These losses would be financially debilitating at any time, but they are back-breaking at such a challenging time for our critically important ag sector.”
Although the court ordered restitution of $11,103,309.19, investigators are still working to try to locate the proceeds that can be provided to the victims of Hanson’s crimes. “These devastating financial crimes harmed real people, and undermined generations of their family’s hard work, and the damages continue,” said United States Attorney Drew Wrigley, who added, “Hunter Hanson has displayed a heart of stone in committing these acts, and we will do everything possible to squeeze the proverbial blood from the stone and off-set the losses to the degree possible.”
The investigating agencies include: Federal Bureau of Investigation, North Dakota Bureau of Criminal Investigation, North Dakota State and Local Intelligence Center, McLean County Sheriff’s Office and States Attorney’s Office, and Mountrail County Sheriff’s Office and States Attorney’s Office.
Assistant United States Attorney Jonathan J. O’Konek prosecuted the case.Minot Air Force Base Man Sentenced on Charges of Distribution of Child PornographyRead the Press Release
Bismarck – U.S. Attorney Drew H. Wrigley announced that Chief Federal District Court Judge Daniel L. Hovland today sentenced Carl Deshawn Dean, age 21, Minot Air Force Base, ND to serve 7 years in prison, followed by 10 years of supervised release, after Dean plead guilty to Distribution of Images Depicting the Sexual Exploitation of a Minor. The defendant was also ordered to pay $3,000 in restitution and $100 in special assessments to the Crime Victim’s Fund.
Between December 2016 and March 2, 2018, while serving as an Airman at the Minot Air Force Base, Dean solicited, received, and distributed child pornography. As part of his illicit efforts, Dean created a fake female persona, and communicated with numerous individuals around the world in order to receive images of child pornography. The Air Force Office of Special Investigations (AFOSI) investigation determined, through its investigation, that Dean sought out multiple individuals who had access to children and asked if these individuals would be willing to take nude photographs of or participate in sexual acts with these children.
AFOSI reviewed Dean’s electronic media and determined that he possessed 878 images and 42 videos of apparent child pornography; of which 693 unique images and 15 unique videos matched known child pornography images. Dean used social networking and instant messaging applications, including Gmail, Facebook, Google Hangouts, Snapchat, and WhatsApp to solicit child pornography. Additionally, Dean shared images and videos of child pornography between 200 to 300 times. Finally, on approximately 15 occasions, Dean used messaging applications to create or record files from children he coerced to send him sexual images.
“The defendant deviously utilized electronic and social media platforms to illegally trade in vile images of sex crimes committed against children,” said U.S. Attorney Drew Wrigley, “we commend the investigators in this case, as we work together to aggressively prioritize protecting children and someday eradicating the child pornography industry.”
On July 31, 2019, Dean pleaded guilty to distribution of child pornography.
This case was investigated by the United States Air Force Office of Special Investigations and the Minot Police Department.
Assistant United States Attorney Jonathan J. O’Konek prosecuted the case.
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Attorney General Recognizes the District of North Dakota for Exceptional Work in Operation Hard CopyRead the Press Release
WASHINGTON, DC – Attorney General William P. Barr today awarded the District of North Dakota with The Attorney General’s Award for Fraud Prevention for Exceptional Work in Operation Hard Copy to Combat Fraud against the Elderly and Most Vulnerable at the 67th Annual Attorney General’s Awards Ceremony, held at the Daughters of the American Revolution Constitution Hall, Washington, DC. This annual ceremony honors employees and other individuals who have demonstrated exceptional achievements, leadership, and service to the Department of Justice and the American people. The Award for Fraud Prevention recognizes exceptional dedication and effort to prevent, investigate, and prosecute fraud, white collar crimes, and official corruption. The District received the award for its work in “Operation Hard Copy”.
“Operation Hard Copy” targeted a transnational telemarketing advance-fee fraud scheme commonly known as the Jamaican Lottery Fraud. The scheme was designed to prey on elderly and otherwise vulnerable victims and caused them to send their life savings to scammers operating overseas. The District of North Dakota worked with law enforcement to spearhead a multi-year investigation resulting in the extradition of 14 Jamaican nationals and the successful prosecution of 31 defendants in the U.S. District Court for the District of North Dakota. The investigation identified over 100 victims in 31 states and 97 cities across the United States, with reported losses in excess of $6 million. Individual victims lost as little as $199 and as much as $850,000. Nationwide, the number of victims targeted by scammers is likely in the millions, with estimates of annual losses in excess of $1 billion.
“Our greatest strength in our fight for justice is our people – the thousands of men and women who have dedicated their careers, often at great personal sacrifice, to working for justice in America, said Attorney General William P. Barr. “As we reflect on the contributions of each of the 357 individuals we honor today, we should hold them up as examples of excellence that continue to inspire our own commitment, and also as reminders of the professionalism and the qualities exhibited throughout the Department.”
“This award recognizes many years of arduous investigative and prosecutorial work, and it highlights the nationwide impact of toppling a fraudulent enterprise responsible for taking millions of dollars from victims all across North Dakota and the United States,” said Unites States Attorney Drew H. Wrigley. “These fraudsters were stopped in their tracks and scores of potential victims were protected up ahead. This marks the very first time that a North Dakota case has been selected for the prestigious Attorney General’s Award and this team will be commemorated in our office, in a place of honor.”
This marks the first-ever Attorney General’s Award presented to the District of North Dakota. Only one Award for Fraud Prevention was given this year. Other awards presented at this year’s program honor Department employees, and federal, state, local, and tribal partners, for their selfless efforts protecting national security and civil rights, addressing rising violent crime and pursuing gang trafficking in dangerous narcotics and human beings. The awards also honor the work of civil and environmental litigators, who enforce the rule of law and uphold the Constitution. The awards also recognize employees whose ideas and efforts save taxpayer dollars and help the government operate more effectively and efficiently, among other contributions to public safety and good governance. Recipients include 295 Department employees, and 62 other individuals outside of the Department, for their distinguished public service.
THE ATTORNEY GENERAL’S AWARD FOR FRAUD PREVENTION RECIPIENTS:
Assistant U.S. Attorneys from the District of North Dakota:
Nicholas W. Chase
Jonathan J. O’Konek
James Patrick Thomas
Legal Assistants from the District of North Dakota:
Renita A. Berger
Trina M. Gilhooly
Jacqueline K. Haag
Paralegal Specialist from the District of North Dakota:
Leigh A. Johnson
Victim/Witness Specialists from the District of North Dakota:
Beth M. Lang
Dimple A. Smith
Trial Attorneys, Fraud Section Criminal Division, Washington DC:
Leila E. Babaeva
Lorinda I. Laryea
Federal Bureau of Investigation, Bismarck, Minneapolis Division:
Special Agent Francis W. Gasper
U.S. Marshals Service, Investigative Operations Division:
Supervisory Deputy U.S. Marshal Henry E. Geberth III
U.S. Postal Inspection Service, Miami Division:
Postal Inspector B. Scott Horne
Spirit Lake Man Pleads Guilty to Assault Resulting in Serious Bodily Injury of a ChildRead the Press Release
FARGO – First Assistant United States Attorney Nicholas Chase, District of North Dakota, announced that on September 17, 2019, Jonathan James Hill, age 22, an enrolled member of the Spirit Lake Sioux Tribe and the Sisseton Wahpeton Sioux Tribe, pleaded guilty before U.S. District Court Judge Peter D. Welte, Fargo, ND, to an Indictment charging him with Assault Resulting in Serious Bodily Injury.
At the plea hearing, Hill admitted that between December 26, 2018, and January 1, 2019, he assaulted a baby by hitting the baby with his fists and shoving the child into walls.
On January 1, 2019, emergency medical technicians responded to a residence in Fort Totten, ND, within the boundaries of the Spirit Lake Reservation, for a report of an unresponsive baby. Medical providers described the 20-month-old baby as “noticeably bruised to face & entire body.” The baby was diagnosed with multiple acute and chronic injuries to the brain and body. The injuries were characterized by medical providers as “non-accidental” and were determined to be consistent with abusive head trauma and child physical abuse. The baby’s injuries required air transport for medical treatment, surgical intervention, and months-long hospitalization.
Sentencing is scheduled for December 16, 2019, at 9:00 AM before Judge Peter D. Welte. A 10-year minimum prison sentence applies given the nature of the injuries and the age of the victim.
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs.
This case was prosecuted by Assistant United States Attorney Lori H. Conroy.
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Oilfield Company Sentenced in Worker Death CaseRead the Press Release
Company Ordered to Pay $2.1 Million in Fine and Restitution, Enters Probation
WASHINGTON / BISMARCK – An oilfield services company pleaded guilty and was sentenced today in federal court in Bismarck, North Dakota, on charges related to the death of an oilfield worker, the Department of Justice announced today.
The victim, Dustin Payne, worked for Nabors Completion and Production Services (NCPS) at its Williston, North Dakota facility. On Oct. 3, 2014, Payne welded on an uncleaned tanker trailer that had previously carried "production water" or "saltwater," a liquid waste generated by oil wells and contains flammable chemicals. The tank exploded and Payne was fatally injured. A Marine Corps veteran of campaigns in Iraq and Afghanistan, Payne had recently moved to North Dakota to work in the booming oil industry. He was 28 years old.
Federal law makes it illegal to weld on tanks or other containers that have not been thoroughly cleaned to remove all flammable materials and explosion hazards.
The defendant, C&J Well Services, is the corporate successor to NCPS. NCPS knew that it was against the law to weld on uncleaned tanks and had written policies prohibiting the practice. NCPS policies mandated special training for welders and internal auditing procedures to make sure that welding rules were actually being followed. However, NCPS did not provide welding-specific training to Payne or other welders at the Williston facility, did not effectively supervise the work of the Williston welders, did not
require the welders to obtain hot work permits prior to welding and did not follow internal auditing procedures. As a result, Payne and other welders repeatedly welded on uncleaned tanks that contained flammable hydrocarbon residue.
C&J pleaded guilty to a willful violation of the standard requiring that tanks be cleaned before welding. U.S. District Judge Daniel L. Hovland sentenced C&J to pay a $500,000 fine, $1.6 million in restitution to the victim’s estate, and a three-year term of probation, during which C&J must allow the Occupational Safety and Health Administration (OSHA) to inspect its facilities and equipment across the country without a warrant, without advance notice and without a specified inspection reason.
"The North Dakota oil industry attracts thousands of workers from across the country for the prospect of well-paying jobs, and many of those workers initially lack significant oilfield experience," said U.S. Attorney Drew H. Wrigley for the District of North Dakota. "Companies have an obligation to educate North Dakota workers and when they fail to meet those obligations, we will hold them accountable."
"Company safety policies and compliance monitoring programs that are not implemented, existing only as theoretical paper tigers, do not in fact protect workers," said Assistant Attorney General Jeffrey Bossert Clark for the Justice Department’s Environment and Natural Resources Division. "Employers that willfully fail to follow workplace safety laws will be prosecuted to the fullest extent of the law."
"Federal law has long prohibited welding on uncleaned tanks and employers must comply with these standards to protect their workers," said Loren Sweatt, Principal Deputy Assistant Secretary of Labor for Occupational Safety and Health at the U.S. Department of Labor. "OSHA vigorously enforces these standards and, when necessary, will make criminal referrals to the Justice Department to prevent future injuries and fatalities."
"On behalf of the Inspector General, I offer our deepest condolences to the family and friends of Dustin Payne whose tragic death resulted from the willful violation of a Federal safety standard designed to safeguard against dangerous conditions and incidents such as this," said Andrea M. Kropf, Regional Special Agent-in-Charge at the Department of Transportation Office of Inspector General. "Together with our law enforcement and prosecutorial partners, we are committed to pursuing companies who put the lives of those working in the transportation industry and the public at large at risk."
The case was prosecuted by Senior Trial Attorney Christopher Costantini and Trial Attorney Samuel Charles Lord of the Justice Department’s Environmental Crimes Section, and Assistant U.S. Attorney Gary Delorme of the District of North Dakota. The case was investigated by the OSHA, the U.S. Environmental Protection Agency - Criminal Investigation Division and the U.S. Department of Transportation Office of the Inspector General, with additional support from the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
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North Dakota Oilfield Company Sentenced in Worker Death CaseRead the Press Release
An oilfield services company pleaded guilty and was sentenced today in federal court in Bismarck, North Dakota, on charges related to the death of an oilfield worker, the Department of Justice announced today.
The victim, Dustin Payne, worked for Nabors Completion and Production Services (NCPS) at its Williston, North Dakota facility. On Oct. 3, 2014, Payne welded on an uncleaned tanker trailer that had previously carried “production water” or “saltwater,” a liquid waste generated by oil wells that contains flammable chemicals. The tank exploded and Payne was fatally injured. A Marine Corps veteran of campaigns in Iraq and Afghanistan, Payne had recently moved to North Dakota to work in the booming oil industry. He was 28 years old.
Federal law makes it illegal to weld on tanks or other containers that have not been thoroughly cleaned to remove all flammable materials and explosion hazards.
The defendant, C&J Well Services, is the corporate successor to NCPS. NCPS knew that it was against the law to weld on uncleaned tanks and had written policies prohibiting the practice. NCPS policies mandated special training for welders and internal auditing procedures to make sure that welding rules were actually being followed. However, NCPS did not provide welding-specific training to Payne or other welders at the Williston facility, did not effectively supervise the work of the Williston welders, did not require the welders to obtain hot work permits prior to welding and did not follow internal auditing procedures. As a result, Payne and other welders repeatedly welded on uncleaned tanks that contained flammable hydrocarbon residue.
C&J pleaded guilty to a willful violation of the standard requiring that tanks be cleaned before welding. U.S. District Judge Daniel L. Hovland sentenced C&J to pay a $500,000 fine, $1.6 million in restitution to the victim’s estate, and a three-year term of probation, during which C&J must allow the Occupational Safety and Health Administration (OSHA) to inspect its facilities and equipment across the country without a warrant, without advance notice and without a specified inspection reason.
“Company safety policies and compliance monitoring programs that are not implemented, existing only as theoretical paper tigers, do not in fact protect workers,” said Assistant Attorney General Jeffrey Bossert Clark for the Justice Department’s Environment and Natural Resources Division. “Employers that willfully fail to follow workplace safety laws will be prosecuted to the fullest extent of the law.”
“The North Dakota oil industry attracts thousands of workers from across the country for the prospect of well-paying jobs, and many of those workers initially lack significant oilfield experience,” said U.S. Attorney Drew H. Wrigley for the District of North Dakota. “Companies have an obligation to educate North Dakota workers and when they fail to meet those obligations, we will hold them accountable.”
“Federal law has long prohibited welding on uncleaned tanks and employers must comply with these standards to protect their workers,” said Loren Sweatt, Principal Deputy Assistant Secretary of Labor for Occupational Safety and Health at the U.S. Department of Labor. “OSHA vigorously enforces these standards and, when necessary, will make criminal referrals to the Justice Department to prevent future injuries and fatalities.”
“On behalf of the Inspector General, I offer our deepest condolences to the family and friends of Dustin Payne whose tragic death resulted from the willful violation of a Federal safety standard designed to safeguard against dangerous conditions and incidents such as this,” said Andrea M. Kropf, Regional Special Agent-in-Charge at the Department of Transportation Office of Inspector General. “Together with our law enforcement and prosecutorial partners, we are committed to pursuing companies who put the lives of those working in the transportation industry and the public at large at risk.”
The case was prosecuted by Senior Trial Attorney Christopher Costantini and Trial Attorney Samuel Charles Lord of the Justice Department’s Environmental Crimes Section, and Assistant U.S. Attorney Gary Delorme of the District of North Dakota. The case was investigated by the OSHA, the U.S. Environmental Protection Agency - Criminal Investigation Division and the U.S. Department of Transportation Office of the Inspector General, with additional support from the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Columbian National Pleads Guilty to Operating an International Fentanyl Trafficking Organization from a Canadian PrisonRead the Press Release
FARGO – United States Attorney Drew H. Wrigley, District of North Dakota, along with United States Attorney Billy J. Williams, District of Oregon, and Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, announced that a Colombian fentanyl trafficker, who was scheduled to go to trial October 1, 2019, pleaded guilty earlier today to being the leader and organizer of a continuing criminal enterprise while incarcerated in Quebec, Canada. He moved fentanyl and other similar substances from Canada and China into the United States and those drugs resulted in serious bodily injury and deaths.
Daniel Vivas Ceron, 38, of Colombia, pleaded guilty before U.S. Magistrate Judge Alice R. Senechal in Fargo, ND, to continuing criminal enterprise, conspiracy to distribute controlled substances and controlled substance analogues resulting in serious bodily injury and death, and money laundering. Vivas Ceron faces a statutory maximum sentence of life in prison at his sentencing, date to be determined.
At the plea hearing, Vivas Ceron admitted that between 2013 and 2017, Chinese sources shipped several hundred pounds of fentanyl and fentanyl analogues to the United States and Canada. Vivas Ceron and members of his conspiracy imported these opioids into the United States and distributed them to their customers around the country. Vivas Ceron ran his drug trafficking organization from a jail cell in Canada, and he concealed his identity to facilitate the conspiracy by using aliases, encrypted WICKR accounts, and numerous email addresses. Vivas Ceron and his co-conspirators’ distribution in Canada and the United States resulted in 15 overdoses in North Dakota, Oregon, New Jersey, North Carolina, and Rhode Island, including four fatal overdoses, one of which was Grand Forks resident 18-year-old Bailey Henke.
“From a Canadian jail cell, Daniel Vivas Ceron directed a deadly drug ring that fueled the opioid epidemic and took the lives of four Americans,” said Assistant Attorney General Brian Benczkowski. “Today’s guilty plea brings some measure of justice for the victims and families that fell prey to Vivas Ceron’s dangerous organization and its tragic track record of spreading addiction and abuse.”
United States Attorney Drew H. Wrigley for the District of North Dakota said, “Ultimate justice can seem elusive in a case with such a wide swath of destruction. The defendant and his co-conspirators built themselves an organization that made them into regional, national, and international merchants of death, and today’s guilty plea is an important milestone in the quest for justice on behalf of those who died and those who were injured by the defendant’s ruinous quest for profits.”
“I want to personally commend the team of prosecutors and investigators who worked so ably across the nation and globe to make today’s guilty plea possible. We will work assiduously to secure a sentence that reflects the light of justice on the far-reaching damage done to innumerable victims, families, and communities,” Wrigley stated.
“Daniel Vivas Ceron’s heinous crimes have caused unthinkable pain and anguish for dozens of people in Oregon and far beyond, including four victims who lost their lives to fatal overdoses. At a time when our country desperately tries to free itself from the painful grip of the opioid crisis, criminals like Ceron and his more than 20 co-defendants are seeking to profit off addiction and death,” said Billy J. Williams, United States Attorney for the District of Oregon. “The tragic irony of crime is that while Ceron will continue to live out his life in prison or beyond, four of his victims will not. The damage he caused is permanent. We cannot forget that.”
“My heart goes out to the friends and families of those who lost their lives as a result of the greed and selfishness of all of the individuals involved in this case,” said Brad Bench, Special Agent in Charge of Homeland Security Investigations, Seattle, WA. “The amount of cooperation between HSI and our state, federal, and international partners was invaluable to halting the deadly actions of this complex drug organization. While we will never know how many lives are saved because of our efforts, we hope we are able to provide just a small bit of peace to the families whose lives are forever changed as a result of the offender’s careless actions.”
“The Portland Police Bureau is fully committed to working with our local, state, and federal partners to combat the illegal distribution and trafficking of deadly opioids in our communities,” said Art Nakamura, Commander, Tactical Operations – Drugs and Vice, Portland Police Bureau, Portland, OR. “The Police Bureau, along with our partners, strive to keep our community members safe from these drug traffickers who sell these deadly drugs in our neighborhoods throughout our country. With this partnership, we will hold those responsible for distributing these deadly drugs accountable.”
On January 25, 2017, Vivas Ceron was extradited to the United States from Panama after Panamanian authorities authorized the extradition. Following his deportation from Canada, Vivas Ceron was taken into custody at the Tocumen International Airport, Panama City, Panama, on July 17, 2015, pursuant to an arrest warrant in connection with an Indictment filed in the District of North Dakota. After Vivas Ceron’s arrest in July 2015, the U.S. Attorney’s Office and the Justice Department’s Office of International Affairs, together worked diligently to extradite Vivas Ceron.
This case is 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 (S.O.D.) near Washington, DC, as part of “Operation Deadly Merchant.” The investigation started in North Dakota on January 3, 2015, with the overdose death in Grand Forks, ND, of Bailey Henke.
Additional defendants charged in federal court in this investigation include:
District of North Dakota
- Jian Zhang, aka Hong Kong Zaron, 40, of China; Jason Joey Berry, aka Daniel Desnoyers, 36, of Quebec, Canada; Xuan Cahn Nguyen, aka Jackie and Jackie Chan, 39, of Quebec Canada; Marie Um, aka Angry Bird, 38, of Quebec, Canada; Vannek Um, 41, of Quebec, Canada; and Linda Van, 27, of Quebec, Canada, were charged by a Superseding Indictment returned on Jan. 18, 2018, with drug trafficking conspiracy. Also charged with international money laundering conspiracy were Na Chu, 38; Yeyou Chu, 37; Cuiying Liu, 63; and Keping Zhang, 63, all Chinese nationals;
- In a separate indictment returned on March 22, 2018, Steven Barros Pinto, aka Yeaboy, 38, of Pawtucket, Rhode Island, was charged with conspiracy to possess with intent to distribute and distribute controlled substances and controlled substance analogues resulting in serious bodily injury and death, conspiracy to import controlled substances and controlled substance analogues into the United States resulting in serious bodily injury and death, and continuing criminal enterprise. On Nov. 28, 2018, a Superseding Indictment was filed adding the charges of obstruction of justice and money laundering conspiracy. Trial is set for October 1, 2019;
- Brandon Corde Hubbard, 44, of Portland, OR, pleaded guilty to conspiracy to distribute controlled substances resulting in serious bodily injury and death, distribution of a controlled substance resulting in death, and money laundering conspiracy. He was sentenced on July 13, 2016, to serve life in federal prison;
- Ryan Jon Jensen, 24, of Grand Forks, ND, pleaded guilty on February 27, 2015, to conspiracy to distribute controlled substances resulting in serious bodily injury and death, one count of distribution of a controlled substance resulting in death, two counts of distribution of a controlled substance resulting in serious bodily injury, and money laundering conspiracy. He was sentenced on February 1, 2016, to serve 240 months in federal prison;
- Joshua Tyler Fulp, 24, of Grand Forks, ND, pleaded guilty on June 23, 2015, to conspiracy to distribute controlled substances resulting in serious bodily injury and death. He was sentenced to serve 144 months in federal prison;
- Kain Daniel Schwandt, 23, of Grand Forks, ND, pleaded guilty on July 24, 2015, to conspiracy to distribute controlled substances. He was sentenced on January 25, 2016, to serve 42 months in federal prison;
- David Todd Noye Jr., 18, of Grand Forks, ND, pleaded guilty on May 4, 2015, to conspiracy to distribute controlled substances. He was sentenced on January 25, 2016, to serve 39 months in federal prison;
- Jameson Robert Sele, 24, of Grand Forks, ND, pleaded guilty to conspiracy to distribute controlled substances. He was sentenced on July 27, 2015, to serve 36 months in federal prison;
- Ronnie Lee Helms, 34, of Acworth, GA, pleaded guilty to conspiracy to possess with intent to distribute a controlled substance and controlled substance analogue resulting in serious bodily injury and death. His sentencing is scheduled for October 1, 2019;
- Braden James Foley, 32, of Olympia, WA, pleaded guilty on August 11, 2016, to conspiracy to possess with intent to distribute and distribution of controlled substances. He was sentenced to serve 30 months in federal prison on November 21, 2016;
- Anthony Santos Gomes, 34, originally of Rhode Island and Davie, FL, pleaded guilty to conspiracy to possess with intent to distribute and distribute controlled substances and controlled substance analogues resulting in serious bodily injury and death, and money laundering conspiracy. In addition to pleading guilty, Gomes agreed to forfeit a residence located in Davie, FL; $162,836.00 in cash; 2007 Maserati Quattroporte; 2017 Polaris Sportsman XP ATV; and assorted jewelry valued at $64,725.00. His sentencing has been set for November 15, 2019;
- Amanda Schneider, 29, Port S. Lucie, FL, pleaded guilty on September 17, 2018, to conspiracy to possess with intent to distribute and distribution of controlled substances. She was sentenced on January 17, 2019, to 15 months in federal prison;
- Keveen Nobre, 29, Providence, RI, pleaded guilty on October 10, 2018, to conspiracy to possess with intent to distribute and distribution of controlled substances. He was sentenced on April 17, 2019, to 30 months in federal prison;
- Robinson Gomez, 36, Charlotte, NC, pleaded guilty on January 10, 2019, to conspiracy to possess with intent to distribute and distribution of controlled substances. He was sentenced on April 17, 2019, to 180 months in federal prison;
- David Campbell, 58, Plantation, FL, pleaded guilty on January 10, 2019, to
conspiracy to possess with intent to distribute and distribution of controlled substances. He was sentenced on April 17, 2019, to 120 months in federal prison;
- Louis Bell, 31, Port St. Lucie, FL, pleaded guilty on November 8, 2018, to conspiracy to possess with intent to distribute and distribution of controlled substances. He was sentenced on April 18, 2019, to 204 months in federal prison;
- Elizabeth Ton, 28, David, FL, pleaded guilty on June 18, 2018, to money laundering conspiracy. She was sentenced on March 8, 2019, to 41 months in federal prison; and
- Danny Gamboa, 22, Pawtucket, RI, pleaded guilty on January 10, 2019, to conspiracy to possess with intent to distribute and distribution of controlled substances. He was sentenced on April 17, 2019, to 25 months in federal prison.
District of Oregon
- Channing Lacey, 32, of Portland, Oregon, pleaded guilty on March 28, 2017, to one count of distribution of a controlled substance resulting in serious bodily injury to three individuals and one count of distribution of a controlled substance resulting in death. She was sentenced on August 28, 2017, to serve 135 months in federal prison;
- Steven Fairbanks Locke, 43, of Portland, OR, pleaded guilty on June 14, 2017, to use of a communication facility to facilitate a drug offense. His sentencing is set for November 18, 2019; and
- Carissa Marie Laprall, 27, of Portland, OR, pleaded guilty on March 28, 2017, to three counts of distribution of a controlled substance resulting in serious bodily injury. Her sentencing is set for December 2, 2019.
This case is being investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; U.S. 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 prosecutors for this case are Assistant U.S. Attorney Christopher C. Myers, District of North Dakota; Assistant U.S. Attorney Scott Kerin, District of Oregon and as a Special Assistant U.S Attorney in North Dakota; and Acting Assistant Deputy Chief Adrienne Rose and Trial Attorney Kaitlin Sahni, Criminal Division’s Narcotic and Dangerous Drug Section of the Justice Department.
Based upon the Change of Plea, Judge Senechal will issue a report and recommendation to Federal District Court Judge John P. Bailey, Northern District of West Virginia, to formally accept Vivas Ceron’s guilty plea.
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.
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Colombian National Pleads Guilty to Operating an International Fentanyl Trafficking Organization from a Canadian PrisonRead the Press Release
A Colombian fentanyl trafficker, who was scheduled to go to trial on Oct. 1, 2019, pleaded guilty earlier today to drug trafficking and money laundering charges as the leader and organizer of an international continuing criminal enterprise while incarcerated in Quebec, Canada. The enterprise involved distributing fentanyl and other similar substances from Canada and China into the United States where some of those drugs resulted in 15 overdoses including 11, which caused serious bodily injuries, and four, which resulted in fatal overdoses.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Drew H. Wrigley for the District of North Dakota, along with U.S. Attorney Billy J. Williams for the District of Oregon, made the announcement.
Daniel Vivas Ceron, 38, of Colombia, pleaded guilty before U.S. Magistrate Judge Alice R. Senechal in Fargo, North Dakota, to continuing criminal enterprise, conspiracy to distribute controlled substances and controlled substance analogues resulting in serious bodily injury and death and money laundering. Vivas Ceron faces a statutory maximum sentence of life in prison. The date of sentencing has not been set.
At the plea hearing, Vivas Ceron admitted that between 2013 and 2017, Chinese sources of supply shipped several hundred pounds of fentanyl and fentanyl analogues to the United States and Canada. Vivas Ceron and members of his conspiracy imported these opioids into the United States and distributed them to their customers around the country. Vivas Ceron ran his drug trafficking organization from a jail cell in Canada, and he concealed his identity to facilitate the conspiracy by using aliases, encrypted WICKR accounts, and numerous email addresses. Vivas Ceron and his co-conspirators’ distribution in Canada and the United States resulted in 15 overdoses in North Dakota, Oregon, New Jersey, North Carolina, and Rhode Island, including four fatal overdoses, one of which was Grand Forks resident 18-year-old Bailey Henke.
“From a Canadian jail cell, Daniel Vivas Ceron directed a deadly drug ring that fueled the opioid epidemic and took the lives of four Americans,” said Assistant Attorney General Benczkowski. “Today’s guilty plea brings some measure of justice for the victims and families that fell prey to Vivas Ceron’s dangerous organization and its tragic track record of spreading addiction and abuse.”
“Ultimate justice can seem elusive in a case with such a wide swath of destruction. The defendant and his co-conspirators built themselves an organization that made them into regional, national and international merchants of death, and today’s guilty plea is an important milestone in the quest for justice on behalf of those who died and those who were injured by the defendant’s ruinous quest for profits,” said U.S Attorney Wrigley. “I want to personally commend the team of prosecutors and investigators who worked so ably across the nation and globe to make today’s guilty plea possible. We will work assiduously to secure a sentence that reflects the light of justice on the far-reaching damage done to innumerable victims, families and communities,”
“Daniel Vivas Ceron’s heinous crimes have caused unthinkable pain and anguish for dozens of people in Oregon and far beyond, including four victims who lost their lives to fatal overdoses,” said U.S. Attorney Williams. “At a time when our country desperately tries to free itself from the painful grip of the opioid crisis, criminals like Ceron and his more than 20 co-defendants are seeking to profit off addiction and death. The tragic irony of crime is that while Ceron will continue to live out his life in prison or beyond, four of his victims will not. The damage he caused is permanent. We cannot forget that.”
“My heart goes out to the friends and families of those who lost their lives as a result of the greed and selfishness of all of the individuals involved in this case,” said Special Agent in Charge Brad Bench of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Seattle, Washington. “The amount of cooperation between HSI and our state, federal, and international partners was invaluable to halting the deadly actions of this complex drug organization. While we will never know how many lives are saved because of our efforts, we hope we are able to provide just a small bit of peace to the families whose lives are forever changed as a result of the offender’s careless actions.”
“The Portland Police Bureau is fully committed to working with our local, state and federal partners to combat the illegal distribution and trafficking of deadly opioids in our communities,” said Commander Art Nakamura of the Portland Police Bureau Tactical Operations – Drugs and Vice in Portland, Oregon. “The Police Bureau, along with our partners, strive to keep our community members safe from these drug traffickers who sell these deadly drugs in our neighborhoods throughout our country. With this partnership, we will hold those responsible for distributing these deadly drugs accountable.”
Following his deportation from Canada, Vivas Ceron was taken into custody at the Tocumen International Airport in Panama City, Panama on July 17, 2015, pursuant to an arrest warrant in connection with an indictment filed in the District of North Dakota. After Vivas Ceron’s arrest in July 2015, the U.S. Attorney’s Office and the Justice Department’s Office of International Affairs, together worked diligently to extradite Vivas Ceron. On Jan. 25, 2017, Vivas Ceron was extradited to the United States from Panama after Panamanian authorities authorized the extradition.
This case is 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 (SOD) near Washington, DC, 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 Bailey Henke.
Additional defendants charged in federal court in this investigation include:
District of North Dakota
- Jian Zhang, aka Hong Kong Zaron, 40, of China; Jason Joey Berry, aka Daniel Desnoyers, 36, of Quebec, Canada; Xuan Cahn Nguyen, aka Jackie and Jackie Chan 39, of Quebec Canada; Marie Um, aka Angry Bird, 38, of Quebec, Canada; Vannek Um, 41, of Quebec, Canada; and Linda Van, 27, of Quebec, Canada were charged by a superseding indictment returned on Jan. 18, 2018, with drug trafficking conspiracy. Also charged with international money launder conspiracy were Na Chu, 38; Yeyou Chu, 37; Cuiying Liu, 63; and Keping Zhang, 63, all Chinese nationals;
- In a separate indictment returned on March 22, 2018, Steven Barros Pinto, aka Yeaboy, 38, of Pawtucket, Rhode Island, was charged with conspiracy to possess with intent to distribute and distribute controlled substances and controlled substance analogues resulting in serious bodily injury and death, conspiracy to import controlled substances and controlled substance analogues into the United States resulting in serious bodily injury and death and continuing criminal enterprise. On Nov. 28, 2018, a superseding indictment was filed adding the charges of obstruction of justice and money laundering conspiracy;
- Brandon Corde Hubbard, 44, of Portland, Oregon, pleaded guilty to conspiracy to distribute controlled substances resulting in serious bodily injury and death, distribution of a controlled substance resulting in death and money laundering conspiracy. He was sentenced on July 13, 2016, to serve life in federal prison;
- Ryan Jon Jensen, 24, of Grand Forks, North Dakota, pleaded guilty on Feb. 27, 2015, to conspiracy to distribute controlled substances resulting in serious bodily injury and death, one count of distribution of a controlled substance resulting in death, two counts of distribution of a controlled substance resulting in serious bodily injury and money laundering conspiracy. He was sentenced on Feb. 1, 2016, to serve 240 months in federal prison;
- Joshua Tyler Fulp, 24, of Grand Forks, pleaded guilty on June 23, 2015, to conspiracy to distribute controlled substances resulting in serious bodily injury and death. He was sentenced to serve 144 months in federal prison;
- Kain Daniel Schwandt, 23, of Grand Forks, pleaded guilty on July 24, 2015, to conspiracy to distribute controlled substances. He was sentenced on Jan. 25, 2016, to serve 42 months in federal prison;
- David Todd Noye Jr., 18, of Grand Forks, pleaded guilty on May 4, 2015, to conspiracy to distribute controlled substances. He was sentenced on Jan. 25, 2016, to serve 39 months in federal prison;
- Jameson Robert Sele, 24, of Grand Forks, pleaded guilty to conspiracy to distribute controlled substances. He was sentenced on July 27, 2015, to serve 36 months in federal prison;
- Ronnie Lee Helms, 34, of Acworth, Georgia, pleaded guilty to conspiracy to possess with intent to distribute a controlled substance and controlled substance analogue resulting in serious bodily injury and death. His sentencing is scheduled for Oct. 1, 2019;
- Braden James Foley, 32, of Olympia, Washington, pleaded guilty on Aug. 11, 2016, to conspiracy to possess with intent to distribute and distribution of controlled substances. He was sentenced to serve 30 months in federal prison on Nov. 21, 2016;
- Anthony Santos Gomes, 34, originally of Rhode Island and Davie, Florida, pleaded guilty to conspiracy to possess with intent to distribute and distribute controlled substances and controlled substance analogues resulting in serious bodily injury and death and money laundering conspiracy. In addition to pleading guilty, Gomes agreed to forfeit a residence located in Davie, Florida; $162,836.00 in cash; 2007 Maserati Quattroporte; 2017 Polaris Sportsman XP ATV; and assorted jewelry valued at $64,725.00. His sentencing has been set for Nov. 15, 2019;
- Amanda Schneider, 29, of Port S. Lucie, Florida, pleaded guilty on Sept. 17, 2018, to conspiracy to possess with intent to distribute and distribution of controlled substances. She was sentenced on Jan. 17, 2019, to serve 15 months in federal prison;
- Keveen Nobre, 29, of Providence, Rhode Island, pleaded guilty on Oct. 10, 2018, to conspiracy to possess with intent to distribute and distribution of controlled substances. He was sentenced on April 17, 2019, to serve 30 months in federal prison;
- Robinson Gomez, 36, of Charlotte, North Carolina, pleaded guilty on Jan. 10, 2019, to conspiracy to possess with intent to distribute and distribution of controlled substances. He was sentenced on April 17, 2019, to serve 180 months in federal prison;
- David Campbell, 58, of Plantation, Florida, pleaded guilty on Jan. 10, 2019, to conspiracy to possess with intent to distribute and distribution of controlled substances. He was sentenced on April 17, 2019, to serve 120 months in federal prison;
- Louis Bell, 31, of Port St. Lucie, Florida, pleaded guilty on Nov. 8, 2018, to conspiracy to possess with intent to distribute and distribution of controlled substances. He was sentenced on April 18, 2019, to serve 201 months in federal prison;
- Elizabeth Ton, 28, of Davie, Florida, pleaded guilty on June 18, 2018, to money laundering conspiracy. She was sentenced on March 8, 2019, to serve 41 months in federal prison; and
- Danny Gamboa, 22, of Pawtucket, Rhode Island, pleaded guilty on Jan. 10, 2019, to conspiracy to possess with intent to distribute and distribution of controlled substances. He was sentenced on April 17, 2019, to serve 25 months in federal prison.
District of Oregon
- Channing Lacey, 32, of Portland, Oregon, pleaded guilty on March 28, 2017, to one count of distribution of a controlled substance resulting in serious bodily injury to three individuals and one count of distribution of a controlled substance resulting in death. She was sentenced on Aug. 28, 2017, to serve 135 months in federal prison;
- Steven Fairbanks Locke, 43, of Portland, pleaded guilty on June 14, 2017, to use of a communication facility to facilitate a drug offense. His sentencing is set for Nov.18, 2019; and
- Carissa Marie Laprall, 27, of Portland, pleaded guilty on March 28, 2017, to three counts of distribution of a controlled substance resulting in serious bodily injury. Her sentencing is set for Dec. 2, 2019.
This case is being investigated by HSI, U.S. 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.
Assistant U.S. Attorney Christopher C. Myers is prosecuting the cases in North Dakota; Assistant U.S. Attorney Scott Kerin is prosecuting the cases in the District of Oregon and assisting as a Special Assistant U.S Attorney in North Dakota. Acting Assistant Deputy Chief Adrienne Rose and Trial Attorney Kaitlin Sahni are prosecuting the case from the Criminal Division’s Narcotic and Dangerous Drug Section of the Justice Department.
Based upon the change of plea, Judge Senechal will issue a report and recommendation to Federal District Court Judge John P. Bailey of the Northern District of West Virginia, to formally accept Vivas Ceron’s guilty plea.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
- Jian Zhang, aka Hong Kong Zaron, 40, of China; Jason Joey Berry, aka Daniel Desnoyers, 36, of Quebec, Canada; Xuan Cahn Nguyen, aka Jackie and Jackie Chan 39, of Quebec Canada; Marie Um, aka Angry Bird, 38, of Quebec, Canada; Vannek Um, 41, of Quebec, Canada; and Linda Van, 27, of Quebec, Canada were charged by a superseding indictment returned on Jan. 18, 2018, with drug trafficking conspiracy. Also charged with international money launder conspiracy were Na Chu, 38; Yeyou Chu, 37; Cuiying Liu, 63; and Keping Zhang, 63, all Chinese nationals;
An Armed Career Criminal Sentenced to 17 1/2 years in Federal Prison for Possession of a Firearm by a Felon, and EscapeRead the Press Release
BISMARCK – United States Attorney Drew H. Wrigley announced that on July 11, 2019, Chief United States District Judge Daniel L. Hovland sentenced Lonnie Alonzo Howard, age 48, of Bismarck, North Dakota, on charges of Possession of Firearm and Ammunition by a convicted felon, and Escape. Judge Hovland sentenced Howard to serve 17 1/2 years imprisonment, followed by three years of supervised release. On April 11, 2019, a federal jury found Howard guilty on both counts.
The case arose from an investigation in Mandan, North Dakota, that led the police to execute a search warrant in 2015 at a residence in Bismarck, where Howard was staying. In Howard’s bedroom, police found a 9mm handgun and loaded magazine in a toy basket. They also located two rounds of 9mm ammunition in a drawer in the bedroom, and 150 rounds of 9mm and 20-gauge ammunition in a backpack in the bedroom.
While Howard was awaiting trial, he absconded from a halfway house placement. He was a fugitive for approximately 11 months and on April 14, 2018, was stopped on I-94 near the Bismarck State Street exit. Howard struggled with the officer and damaged a Good Samaritan’s vehicle as he fled the scene. He escaped, but was apprehended in Bismarck 9 days later. For that incident, Howard was convicted in Burleigh County District Court of reckless endangerment, simple assault on a peace officer, and false information to law enforcement.
“The 17 years this defendant will spend in federal prison creates one of our favorite statistics in law enforcement: the crimes that will not occur up ahead as a result of the defendant being removed from the streets. Armed robbery, serious drug trafficking, unlawful possession of firearms by a felon, escape and resisting officers attempting to apprehend him, serious criminal history and conduct by Mr. Howard,” said United States Attorney Drew H. Wrigley. “He earned his lengthy federal prison sentence, and the interests of public safety and justice have been upheld in this case.”
Judge Hovland designated Howard an Armed Career Criminal under Federal law, due to prior felony convictions for armed robbery in Wisconsin and two serious drug offenses in Burleigh County, North Dakota.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives; North Dakota Parole and Probation; Mandan Police Department; Bismarck Police Department; Metro Area Narcotics Task Force; and Burleigh County Sheriff’s Department
This Case was prosecuted by Assistant U.S. Attorney’s David D. Hagler and Jonathan J. O’Konek# # #
North Dakota U.S. Attorney’s Office Continues Attack on Transnational Criminal Organizations in “Operation Hard Copy”Read the Press Release
Providence, Rhode Island, Woman Sentenced to Four Years Imprisonment for Transnational Crimes, including Fraud and Conspiracy to Commit International Money Laundering
BISMARCK – United States Attorney Drew H. Wrigley announced that on July 10, 2019, Chief United States District Judge Daniel L. Hovland sentenced Melinda Bulgin, of Providence, Rhode Island, on charges of Conspiracy to Commit Wire Fraud or Mail Fraud, Wire Fraud, Mail Fraud, and Conspiracy to Commit International Money Laundering, in connection with her participation in a transnational criminal advance fee telemarketing (“lottery”) fraud. Judge Hovland sentenced Bulgin to serve four years imprisonment, followed by three years of supervised release, a payment of $333,251.00 restitution, and $1,500 special assessment to the Crime Victims’ Fund. On September 14, 2018, a federal jury found Bulgin guilty on 15 criminal counts.
The Federal Bureau of Investigation led the investigation of Bulgin and others that resulted in the extradition of 14 Jamaican nationals and successful prosecution of 31 defendants in North Dakota. The FBI, United States Postal Inspection Service, Homeland Security Investigations, Customs and Border Protection, and a host of state and local authorities throughout the United States have assisted in the investigation, along with the Jamaican Constabulary Force, Major Organized Crime and Anti-Corruption Agency, Jamaican Operations Linked to Telemarketing Task Force, and other U.S. and international authorities.
Bulgin was found guilty of conspiring with Sanjay Williams and others. A federal jury in North Dakota found Williams guilty of similar charges in 2015. Williams was sentenced to serve 20 years imprisonment following his conviction. He was the first Jamaican national tried and convicted in the United States for selling lead lists for use in international cyber-fraud schemes. Lead lists or “client” lists consist of the names, telephone numbers, and personal information of potential victims. Such lists are compiled by brokers and sold to scammers. Lead lists are created by wholesalers who send out bogus mass mailings, purporting to be sweepstakes entries. Consumers, thinking the mailings are legitimate, pay to enter the non-existent sweepstakes. The list wholesalers pocket the entry fee and then sell the prospective victims’ contact information to scammers for as much as $10 per name. These scammers target victims over the age of 55 and would sometimes threaten the safety of the victims and their families.
Over 100 known victims of the conspiracy were personally identified, with reported losses totaling over $6 million. The FBI identified and interviewed known victims of the conspiracy in 31 states and 97 cities across the United States. Thousands more victims were located, whose losses were not personally identified. Individual victims lost as little as $199 and as much as $850,000. Nationwide, the number of victims targeted by scammers is likely in the millions, with estimates of annual losses in excess of $1 billion.
United States Attorney Drew H. Wrigley said, “The defendant stands convicted for her very significant role in a conspiracy that involved over 30 criminal defendants, crossed international borders, targeted elderly and other victims, led one victim to commit suicide, and gutted savings accounts for so many victims who had worked a lifetime to provide for their retirements. After speaking with one of the defendant’s victims today, it underscored how deeply damaging these crimes remain for the victims and their families. The United States fought for a sentence that would reflect the severity of these complex financial crimes. Judge Hovland saw things differently and significantly departed downward with the sentence. While that part of this defendant’s penalty is out of our hands, the Department of Justice will continue to fight for every dollar of restitution we can secure for every victim of this fraudulent ring of financial predators.”
“I want to compliment the outstanding work of FBI Special Agent Frank Gasper and the team of investigators he led, and the remarkable prosecutors who have seen this case through to its end,” Wrigley stated.
The investigation was begun and led by Special Agent Frank Gasper of the North Dakota office of the FBI and the United States Postal Inspection Service in Florida, with assistance from many other federal and state law enforcement agencies, as well as Jamaican law enforcement agencies.
The case was prosecuted by Assistant U.S. Attorneys James Patrick Thomas, Jonathan O’Konek, First Assistant U.S. Attorney Nicholas W. Chase, and former Assistant U. S. Attorney Clare Hochhalter, and Department of Justice Trial Attorney Leila Babaeva.
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Belcourt, ND, Man Sentenced to 30 Years in Federal Prison for Aggravated Sexual Assault of a Child Under 12 Years OldRead the Press Release
Fargo – First Assistant United States Attorney Nicholas W. Chase announced that on June 24, 2019, U.S. District Judge James M. Moody, Eastern District of Arkansas, sitting by designation, sentenced Calvin Keith Delorme, age 30, Belcourt, ND, to 30 years confinement in a federal prison on the charge of Aggravated Sexual Assault of a Child Under 12 Years, to be followed by lifetime supervised release.
This case came to the attention of law enforcement in March 2014, when a child under Delorme’s care disclosed that he had sexually abused her over a period of several years. The victim stated the abuse occurred on many occasions when the victim was left in the defendant’s care.
This case was investigated by the Bureau of Indian Affairs and the Federal Bureau of Investigation.
Assistant United States Attorneys Matthew Greenley and Lori Conroy prosecuted the case.
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Leeds, ND, Man Signs Plea Agreement in an $11 Million Dollar Fraud SchemeRead the Press Release
BISMARCK – First Assistant U.S. Attorney Nick Chase announced that on June 17, 2019, the United States District Court for the District of North Dakota unsealed an Information charging Hunter Brian Hanson, age 22, of Leeds, ND, with Wire Fraud, Money Laundering, and a Forfeiture allegation. Additionally, the United States District Court unsealed a Plea Agreement signed by Hanson articulating his intent to plead guilty to these charges.
Under the terms of the Plea Agreement, Hanson has agreed to plead guilty to charges of wire fraud and money laundering and will admit to a forfeiture allegation for his assets, which are proceeds of the aforementioned crimes. Additionally, Hanson agreed to pay full restitution in the amount of $11,405,134.72. The United States will recommend a sentence within the applicable sentencing guidelines range, recommend that he serve a three-year period of supervised release, and agree not to charge Hanson with any additional federal economic crimes related to his charged scheme to defraud, which occurred prior to the date Hanson signed the Plea Agreement.
The Information and Plea Agreement state, from January 2018 to December 2018, Hanson, executed a scheme to defraud approximately 60 farmers, elevators, or commodity brokers in North Dakota, Minnesota, and Canada. As a result, these approximately 60 farmers, elevators, or brokers suffered a total financial loss of approximately $11,405,134.72. Specifically, Hanson, with intent to defraud, contracted with multiple farmers and grain elevators to obtain grain or other agricultural commodities, obtained these commodities, and either failed to pay the farmers and elevators for these commodities or sent these farmers and elevators non-sufficient funds checks.
Hanson, as part of this scheme to defraud, maintained multiple bank accounts, engaged in check kiting to cover his deposits and withdrawals, laundered money between his bank accounts and other businesses, and often did not have sufficient funds in his bank accounts when he remitted payments to farmers and elevators for money owed on the agricultural commodities purchasing contracts. Moreover, Hanson diverted funds from his grain business accounts to other personal and business accounts. Additionally, Hanson purchased agricultural commodities from farmers and elevators above their per bushel market value and then sold these same commodities below their per bushel market value. Finally, after Hanson failed to pay farmers and elevators for the agricultural commodities he obtained, he sent email communications, to lull farmers, elevators, or brokers into a false sense of security, to postpone inquiries, or to make his transactions between the farmers, elevators, or brokers less suspect.
Assistant United States Attorney Jonathan O’Konek said, “As is outlined in the Plea Agreement, Hanson operated a multi-million dollar Ponzi scheme that victimized dozens of North Dakota and Canadian farmers and businesses. Due to the diligent efforts of state, local, and federal law enforcement, Hanson will be held accountable for his actions. The United States Attorney’s Office is committed to investigating white collar crimes and will continue to prosecute those individuals who violate federal law.”
At the present time and until there is a conviction in this case, under the law, Hanson is presumed innocent. Hanson’s arraignment will occur June 18, 2019, at 11:00 a.m. in Bismarck and his change of plea will occur on July 30, 2019, at 9:15 a.m., also in Bismarck.
The investigating agencies include: Federal Bureau of Investigation; North Dakota Bureau of Criminal Investigations; North Dakota State and Local Intelligence Center; McLean County Sheriff’s Office and States Attorney’s Office; and Mountrail County Sheriff’s Office and States Attorney’s Office.
Assistant United States Attorney Jonathan J. O’Konek is prosecuting the case.Geneseo, ND, Man Sentenced for Migratory Bird Treaty Act ViolationsRead the Press Release
Fargo – United States Attorney Drew H. Wrigley announced that on May 8, 2019, United States Magistrate Judge Alice R. Senechal sentenced Jesse James Mertins, age 40, Geneseo, ND, to pay a $15,000 fine and serve five years of probation for violations of the Migratory Bird Treaty Act.
In 2017, Mertins set 19 pole traps around an enclosure in which Mertins raised exotic waterfowl to protect his investment in these waterfowl from predatory birds. Agents from United States Fish and Wildlife Service recovered at least 26 migratory birds from in and beneath these pole traps, including ten Great horned owls, one Sharp-shinned hawk, one Cooper’s hawk, one great blue heron, one hooded merganser, seven common grackles, four American robins, and one yellow-headed blackbird. All of these birds are protected by the Migratory Bird Treaty Act.
U.S. Attorney Drew H. Wrigley stated, “The facts of this case are particularly egregious given the large number of pole traps, the small area in which those traps were placed, and the substantial number of migratory birds killed, including more than a dozen birds of prey. This was an important investigation, and we are committed to investigating and pursuing similar cases up ahead.”
This case was investigated by United States Fish and Wildlife Service.
Assistant United States Attorney Megan A. Healy prosecuted the case.
U.S. Attorney’s Office Commemorates National Crime Victims’ Rights WeekRead the Press Release
FARGO – U.S. Attorney Drew H. Wrigley announced on April 18, 2019, the U.S. Attorney’s Office for the District of North Dakota hosted a National Crime Victims’ Rights Week Awards Ceremony to raise awareness about crime victims’ rights and to recognize individuals in the state who provide outstanding services to victims. Victim assistance awards were presented to the following individuals:
Assistant United States Attorney Victim Assistance Award, Matthew Greenley, U.S. Attorney’s Office, Fargo.
Support Staff Victim Assistance Award, Nicole Olson, Paralegal Specialist, U.S. Attorney’s Office, Fargo.
Victim-Witness Advocate Assistance Award, Carly Mahoney, Victim Specialist, FBI, Bismarck.
Special Agent Victim Assistance Award, Jim Shaw, Special Agent, Bureau of Criminal Investigation, Fargo and Tim Litzinger, Special Agent, Homeland Security Investigations, Grand Forks.
State Law Enforcement Victim Assistance Award, Jesse Smith, Special Agent, Bureau of Criminal Investigation, Fargo.
Crime Victim Service Legacy Assistance Award, Jeanne Thomas, Victim Specialist, FBI, Grand Forks.
Special Courage Victim Assistance Award, Lindsey Sholl, Fargo.
Special U.S. Attorney Recognition, Lisa Hanson, Fargo.
The Office for Victims of Crime (OVC) of the U.S Department of Justice leads communities throughout the country in their annual observances of National Crime Victims’ Rights Week, April 7-13, by promoting victims’ rights and honoring crime victims and those who advocate on their behalf. This year’s theme –Honoring Our Past. Creating Hope for the Future. – celebrates the progress made by those before us as we look to a future of crime victim services that is even more inclusive, accessible, and trauma-informed.
Drew H. Wrigley Sworn in as United States AttorneyRead the Press Release
BISMARCK: At 1:00 pm today, Drew H. Wrigley took the oath of office as North Dakota’s 19th Presidentially appointed United States Attorney. President Donald J. Trump nominated Mr. Wrigley in 2018, and the United States Senate unanimously confirmed the nomination on April 11, 2019. The Honorable Chief Judge Daniel L. Hovland, United States District Court, swore in Mr. Wrigley in a private ceremony.
Wrigley’s appointment extends his previous 15 years of law enforcement experience, including over five years as an assistant district attorney in Philadelphia, and eight years as North Dakota’s 17th presidentially appointed United States Attorney (2001-2009). During his previous service, Wrigley served on the Attorney General’s Advisory Committee of three successive Attorney Generals, the Hons. John Ashcroft, Alberto Gonzales, and Michael Mukasey.
Mr. Wrigley is approaching his new term with the very same energy and commitment with which he previously served as United States Attorney, during which time he led his office’s successful efforts to combat violent crime, large-scale narcotics trafficking, illegal immigration, financial fraud, Internet crimes against children, and all civil defense actions. In addition to prosecuting many hundreds of serious felony cases as an assistant district attorney in Philadelphia, Mr. Wrigley personally tried several noteworthy cases during his first tenure as United States Attorney, including: North Dakota’s first federal Internet luring case; a conspiracy and homicide on one of North Dakota’s Indian reservations; narcotics conspiracy and trafficking cases; and United States v. Alfonso Rodriguez, North Dakota’s first federal death penalty case. In the Rodriguez trial, Wrigley served as lead trial and appellate counsel, and for which the FBI Agents Association honored Wrigley with its 2007 National Award of Excellence.
In addition to his extensive law enforcement and other executive leadership experience, Wrigley served as North Dakota’s 37th Lieutenant Governor from 2010 until 2016 when he did not seek re-election. As Lieutenant Governor, Wrigley served as President of the North Dakota Senate, chaired the North Dakota State Investment Board and its oversight of $11 billion in pension assets, chaired the state’s International Trade Office Board, chaired the Governor’s Cybersecurity Task Force, and led the economic development efforts and oversight authority for North Dakota’s federally sanctioned autonomous aircraft testing facility. In 2017, Wrigley joined the regional healthcare, insurance and research enterprise, Sanford Health, as a senior enterprise management advisor.
Mr. Wrigley graduated with honors in economics and philosophy from the University of North Dakota in 1988. He graduated from the American University, Washington College of Law in May 1991, followed by a yearlong judicial clerkship in Delaware.
Wrigley and his wife, Kathleen, live in Bismarck, ND, with their three children, Quinn (18), Patrick (16), and Harper (11).
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U.S. Attorney’s Office to Commemorate National Crime Victims’ Rights WeekRead the Press Release
FARGO – U.S. Attorney Christopher C. Myers announced today that on Thursday, April 18, 2019, the U.S. Attorney’s Office for the District of North Dakota will host a National Crime Victims’ Rights Week Awards Ceremony to raise awareness about crime victims’ rights and to recognize individuals in the state who provide outstanding services to crime victims. The awards ceremony will take place at the Quentin N. Burdick United States Courthouse, Jury Assembly Room, 655 First Avenue North, Fargo, ND at 10:30 a.m.
The Office for Victims of Crime (OVC) of the U.S Department of Justice leads communities throughout the country in their annual observances of National Crime Victims’ Rights Week, April 7-13, by promoting victims’ rights and honoring crime victims and those who advocate on their behalf. This year’s theme –Honoring Our Past. Creating Hope for the Future. – celebrates the progress made by those before us as we look to a future of crime victim services that is even more inclusive, accessible, and trauma-informed.
Members of the media will be permitted to bring appropriate still photo, video, and audio equipment to the Jury Assembly Room for purposes of covering this event. The public is invited to attend
Minot Woman Indicted for Bank Fraud and Identity TheftRead the Press Release
BISMARCK – United States Attorney Christopher C. Myers announced that on April 3, 2019, Nicole Marie Rogers, age 31, from Minot, ND, was charged by Indictment with two counts of Bank Fraud, Possession of Stolen Mail, and Aggravated Identity Theft.
The Indictment alleges that from December 2018 to March 2019, while in McLean and Ward Counties, Ms. Rogers possessed hundreds of articles of stolen mail, two of which were checks she altered to reflect that she was entitled to $43,334.22, and deposited or cashed them at financial institutions. Rogers also committed aggravated identity theft when she attempted to commit a separate bank fraud crime by using a stolen passport to cash another stolen check.
Roger’s initial appearance was before Magistrate Judge Alice R. Senechal, on March 26, 2019. After a detention hearing on March 29, 2019, Judge Senechal ordered Rogers be detained pending trial. Ms. Rogers' arraignment is scheduled for Friday, April 12, 2019, at 10:30 a.m. in Bismarck.
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 was investigated by United States Postal Inspection Service, the McLean County Sheriff’s Department, and the Minot Police Department.
This case is being prosecuted by Assistant U.S. Attorney Jonathan J. O’Konek.
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White House Announces the Presidential Task Force on Protecting Native American Children in the Indian Health Service SystemRead the Press Release
Today, President Donald J. Trump announced the formation of a Presidential Task Force on Protecting Native American Children in the Indian Health Service System (Task Force). He charged the Task Force with investigating the institutional and systemic breakdown that failed to prevent a predatory pediatrician from sexually assaulting children while acting in his capacity as a doctor in the Indian Health Service. The pediatrician left the agency in 2016 and is now in Federal prison.
This Task Force’s focus is separate and distinguishable from other investigations into the Indian health system. Specifically, the work of the Task Force will not interfere with: (1) the criminal investigation of one particular pediatrician; (2) a review underway at the Department of Health and Human Services (HHS), including a review by the Department’s Inspector General, which HHS Secretary Azar ordered earlier this year; or (3) a review conducted by an outside, independent contractor retained by the Indian health system.
The Task Force will examine any systemic problems that may have failed to prevent this doctor’s actions and led to any failures of the Indian Health Service to protect Native American children. The Task Force will develop recommended policies, protocols, and best practices to protect Native American children and prevent such abuse from ever happening again.
The Task Force will be comprised of subject-matter experts from several United States Government agencies, and co-chaired by Joseph Grogan, Assistant to the President for Domestic Policy, and the Honorable Trent Shores, United States Attorney for the Northern District of Oklahoma and citizen of the Choctaw Nation. The Task Force will also draw on the expertise of other Federal employees and resources and seek perspective and input from tribal leaders and Native American voices.“We applaud the formation of this Task Force which furthers our commitment to protect Native American children in North Dakota from predatory offenders. We are confident the Task Force will identify the changes that are necessary to promote accountability and ensure that our most vulnerable citizens are protected,” said Christopher C. Myers, United States Attorney for the District of North Dakota.
Members of the Presidential Task Force on Protecting Native American Children in the Indian Health Service System:
Joseph Grogan, Assistant to the President for Domestic Policy, Co-Chair
United States Attorney Trent Shores, Co-Chair
Bo Leach, Assistant Special Agent in Charge, Bureau of Indian Affairs, Office of Justice Services
Stephanie Knapp, MSW, LCSW, Child/Adolescent Forensic Interviewer, Federal Bureau of Investigation’s Office for Victims Assistance, Child Victim Services Unit
Shannon Bears Cozzoni, Tribal Liaison and Assistant United States Attorney, United States Attorney’s Office for the Northern District of Oklahoma
Caitlin A. Hall, MD, FAAP, Clinical Director/Pediatrician, Dzilth-na-o-dith-hle Health Center, Indian Health Service
Farnoosh Faezi-Marian, Program Examiner, Office of Management and Budget
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Minot Man Sentenced to 12 1/2 Years in Federal Prison for Drug, Gun, and Money Laundering ChargesRead the Press Release
BISMARCK – United States Attorney Christopher C. Myers announced that on March 18, 2019, Chief Judge Daniel L. Hovland, United States District Court, sentenced Dennis Allen Corwin, age 37, Minot, ND, on charges of Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance; Distribution of a Controlled Substance; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; Possession or Sale of Stolen Firearm; Possession of Firearms by a Prohibited Person; Possession of a Short-Barreled Shotgun; and Laundering of Monetary Instruments. Judge Hovland sentenced Corwin to serve 12 1/2 years in federal prison, to be followed by five years supervised release.
In the summer of 2016, law enforcement identified Dennis Corwin as a leader of an organization distributing methamphetamine in North Dakota. Law enforcement was able to arrange purchases of methamphetamine in Minot and Bismarck, ND, from Corwin. After Corwin was arrested in Bismarck, approximately five pounds of methamphetamine and 30 firearms were located between his vehicle and shop in Minot, ND. Further investigation revealed the drug organization had transported in excess of 70 pounds of methamphetamine from Mexico to North Dakota.
This case was investigated by the Berthold Police Department, Ward County Narcotics Task Force, Drug Enforcement Administration, Homeland Security Investigations, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Assistant United States Attorney Dawn Deitz prosecuted the case.
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Washington Man Sentenced to 15 years for Distribution of Methamphetamine and Possession of Firearms by a Convicted FelonRead the Press Release
BISMARCK – United States Attorney Christopher C. Myers announced that on March 18, 2019, Chief Judge Daniel L. Hovland, United States District Court, sentenced David Saul Salazar, age 49, Packwood, WA, on charges of Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine and Possession of Firearms by a Convicted Felon. Judge Hovland sentenced Salazar to serve 15 years in federal prison, to be followed by five years supervised release.
This investigation was initiated when Berthold Police Chief stopped a vehicle traveling from Washington State to Minot, ND, and located approximately ten pounds of methamphetamine and multiple firearms. Salazar was a passenger in the vehicle along with Gregorio Capetillo and Luis Parra Magana. Additional investigation by the Ward County Narcotics Task Force, DEA, HSI, and ATF revealed prior multi-pound methamphetamine trips by the same organization. Salazar was an admitted member of the Surenos gang, which is affiliated with the Mexican Mafia. Judge Hovland previously sentenced Parra Magana and Capetillo to 41 months and 10 years respectively.
This case was investigated by the Berthold Police Department, Ward County Narcotics Task Force, Drug Enforcement Administration, Homeland Security Investigations, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Assistant United States Attorney Jeremy A. Ensrud prosecuted the case.
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Belcourt Man Found Guilty of Aggravated Sexual Assault of a Child Under 12 Years oldRead the Press Release
Fargo – United States Attorney Christopher C. Myers announced that on March 19, 2019, following a two-day trial, a jury returned a guilty verdict against Calvin Keith Delorme, age 30, Belcourt, ND, for the offense of Aggravated Sexual Assault of a Child Under 12 Years. U.S. District Judge James M. Moody Jr., Eastern District of Arkansas, sitting by designation, presided over the trial.
This case came to the attention of law enforcement in March 2014, when a child under Delorme’s care disclosed that he had sexually abused her over a period of several years. The victim stated the abuse occurred on many occasions when the victim was left in the defendant’s care.
This case was investigated by the Bureau of Indian Affairs and the Federal Bureau of Investigation.
Assistant United States Attorneys Matthew Greenley and Lori Conroy prosecuted the case.
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Nigerian Man, extradited from Canada, Sentenced to 10 years for Obstruction of Justice in addition to an Existing 17 ½ Year Sentence for Multi-Million Dollar Fraud SchemeRead the Press Release
Fargo – United States Attorney Christopher C. Myers announced that on March 4, 2019, United States District Court Judge Linda R. Reade, Northern District of Iowa, sentenced Michael Adefemi Adeyemo, a/k/a/ Adekunle Olufemi Adetiloye, age 47, a citizen of Nigeria and living in Canada when extradited to the United States, to serve 10 years in prison, which is the statutory maximum for obstruction of justice under 18 U.S.C. 1503(b)(3).
Previously, in 2012, Adeyemo, received a sentence of 17 ½ years in the District of North Dakota for a multi-million dollar fraud scheme that was conducted from Canada involving more than 20 banks in the United States. At that time, it was the largest credit card fraud suffered by US Bank and the Discover Card Bank in the history of those institutions.
Years after that sentencing, it was discovered that Adeyemo had taken many steps to conceal from law enforcement and the court his prior residency in the United States as a legal permanent resident, that he was licensed as an attorney in Nigeria, and that he was a fugitive with an outstanding federal warrant in California from 2001 for a similar fraud scheme. Following trial, the trial jury found Adeyemo guilty of concealing this evidence to reduce his earlier sentence.
In sentencing Adeyemo to 10 years’ imprisonment, District Judge Linda R. Reade stated that Adeyemo showed a “callous disregard of the laws of the United States.”
This case was investigated by the U.S. Department of Homeland Security and the U.S. Postal Inspection Service. “The U.S. Postal Inspection Service has been and will always be relentless in the pursuit of facts throughout a criminal investigation,” said Bill Hedrick, Inspector in Charge of the Denver Division of the U.S. Postal Inspection Service, which includes North Dakota. “Postal Inspectors know this and take great pride in their search to find the truth. Through the diligence of our Inspector and others in this case, we were able to bring the defendant to face justice for the full scope of his crimes,” said Hedrick. “We appreciate the dedicated effort of all those involved in this case, including the U.S. Postal Inspection Service Forensic Lab, and agents from Homeland Security Investigations.”
Assistant United States Attorney Nick Chase prosecuted the case.
Two Spirit Lake Men Sentenced to Federal Prison for their roles in the Murder of Carla YellowbirdRead the Press Release
FARGO – United States Attorney Christopher C. Myers announced that on February 25, 2019, United States District Court Judge Karen E. Schreier, District of South Dakota, sentenced Daylin Takendrick St. Pierre, age 21, Spirit Lake Indian Reservation, ND, after he pled guilty in November 2018, to serve 27 1/2 years in federal prison, to be followed by 5 years of supervised release for the offenses of Conspiracy to Commit Robbery; Use of a Firearm in Relation to a Felony Crime of Violence; and Felony Murder. St. Pierre was further ordered to pay $300 to the Crime Victims’ Fund, as well as $11,659 in restitution to the victim.
Judge Schreier also sentenced Dakota James Charboneau, age 24, also of Spirit Lake, after he pled guilty in November 2018, to serve 50 years in federal prison, to be followed by 5 years of supervised release for the offenses of Second Degree Murder, Aiding and Abetting; and Use of a Firearm in Relation to a Felony Crime of Violence. Charboneau was further ordered to pay $200 to the Crime Victims’ Fund, as well as $11,659 in restitution to the victim.
On August 23, 2016, Ms. Carla Yellowbird traveled to the Spirit Lake Indian Reservation with Suna Guy, who previously plead guilty to Felony Murder and was sentenced in this case. While on the Spirit Lake Reservation, Dakota Charboneau and Guy planned to rob Ms. Yellowbird of her money and belongings, and later recruited Daylin St. Pierre to do the robbery. In the morning of August 24, 2016, St. Pierre shot and killed Ms. Yellowbird while robbing her.
This case was investigated by the Mandan Police Department; North Dakota Bureau of Criminal Investigation; Bureau of Indian Affairs; and the Federal Bureau of Investigations.
Assistant United States Attorney Janice M. Morley and AUSA Jenifer Puhl prosecuted the case.
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Las Vegas, NV, Man Sentenced to 45 Years for Offenses Involving Transportation of a One-Year-Old Child for the Purpose of Sexual AbuseRead the Press Release
FARGO – United States Attorney Christopher C. Myers announced that on January 25, 2019, Chief United States District Court Judge Daniel L. Hovland, sentenced Bryan James Hogle, age 43, Las Vegas, NV, to serve 45 years in prison, followed by a lifetime of supervised release for the charges of Conspiracy to Transport a Minor, and Coercion and Enticement. Hogle was further ordered to pay restitution in the amount of $12,640 to the victim and $200 in special assessments to the Crime Victims’ Fund. Hogle has a prior conviction for sexually abusing a child in New Hampshire in 2008.
This case was brought to the attention of law enforcement after Dustin W. Kewley, Fargo, ND began communicating with an undercover officer from the Metropolitan Police Department – FBI Child Exploitation Task Force in Washington, DC. During the investigation of Kewley and subsequent forensic examination of his computer and cell phone, it was determined there were text conversations between Hogle and Kewley, wherein they discussed in horrific detail their plan to meet for the purpose of sexually abusing a one-year-old child.
On May 22, 2017, Kewley transported the one-year-old child from Fargo, North Dakota, to Moorhead, Minnesota, to meet Hogle, who traveled from Las Vegas, Nevada, the previous day. The two men met at a hotel in Moorhead where together they sexually abused the child. Kewley and Hogle subsequently took steps to conceal their crime such as deleting their communications and bathing the child.
On January 8, 2019, Kewley was sentenced to serve 35 years in prison, followed by a lifetime of supervised release for the charges of Conspiracy to Transport a Minor, Transportation of a Minor, Distribution of Materials Containing Child Pornography, and Possession of Materials Containing Child Pornography.
This case was investigated by the North Dakota Bureau of Criminal Investigation; Federal Bureau of Investigations; Homeland Security Investigations; and FBI Child Exploitation Task Force.
Assistant United States Attorney Jennifer Puhl prosecuted the case.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by U.S. Attorney’s Offices throughout the nation, Project Safe Childhood, in conjunction with Internet Crimes Against Children Task Force (ICAC), help federal, state, and local law enforcement agencies enhance their investigative responses to offenders who use the Internet, online communications systems, or computer technology to sexually exploit children. The ICAC Program is a national network of 61 coordinated task forces engaging in proactive investigations, forensic investigations, and criminal prosecutions. Project Safe Childhood also helps to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Bismarck Man Indicted for Multiple Child Sexual Abuse Charges on Fort Berthold Indian ReservationRead the Press Release
BISMARCK – United States Attorney Christopher C. Myers announced that on January 17, 2019, Owen Cordell Smith, age 28, from Bismarck, ND, was charged by an Indictment returned on December 5, 2018, for three counts of Aggravated Sexual Abuse of a Child under 12 Years of Age; Abusive Sexual Contact of a Child under 12 Years of Age; and two counts of Abusive Sexual Contact of a Child between 12 and 16 Years of Age.
The Indictment alleges that between May 2011 and May 2015, Smith, an enrolled member of the Navajo Nation at Window Rock, AZ, engaged in sexual acts with three minor females, 12 years old and younger, on the Fort Berthold Indian Reservation, ND. Smith’s Initial Appearance and Arraignment was before Magistrate Judge Charles Miller Jr., at 2:30 p.m., January 17, 2019.
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 was investigated by the Federal Bureau of Investigation.
This case is being prosecuted by Assistant U.S. Attorney Jonathan J. O’Konek.
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Chicago, IL, Man Found Guilty of Distributing Fentanyl that caused the Death of a Williston, ND ManRead the Press Release
BISMARCK – U.S. Attorney Christopher C. Myers announced that on January 11, 2019, Yancey J. Myers, a/k/a “Yam,” 39, Chicago, IL, was found guilty by a federal jury on charges of conspiracy to distribute and possess with intent to distribute heroin, distribution of a controlled substance and controlled substance analogue resulting in death, and distribution of heroin. United States District Court Chief Judge Daniel L. Hovland presided.
On May 27, 2017, Yancey J. Myers distributed a substance containing a detectable amount of heroin and acryl fentanyl in Williston, ND. The use of the substance by the 23-year-old Williston man resulted in his death. An autopsy conducted by the North Dakota Forensic Medical Examiner’s Office determined the cause of death was combined opioid drug poisoning due to the use of diacetylmorphine (heroin) and acryl fentanyl. The jury found that Yancey J. Myers had distributed and conspired with others to distribute heroin in the Williston community beginning in or about 2016 and continuing through the death of the Williston man. Yancey J. Myers was arrested while attempting to board a train in Minot, ND, destined for Chicago, IL, on May 29, 2017.
The charge of conspiracy to distribute and possess with intent to distribute heroin carries a statutory maximum penalty of 20 years in federal prison and a $1,000,000 fine; the charge of distribution of a controlled substance and controlled substance analogue resulting in death carries a minimum/mandatory penalty of 20 years in federal prison, a statutory maximum penalty of life in federal prison, and a $1,000,000 fine; and the charge of distribution of heroin carries a statutory maximum penalty of 20 years in federal prison and a $1,000,000 fine.
The case was investigated by the Federal Bureau of Investigation, Williston Police Department, Northwest Narcotics Task Force, and North Dakota Bureau of Criminal Investigation.
Sentencing for Yancey J. Myers has not been scheduled at this time.
Assistant U.S. Attorney Rick Volk is prosecuting the case.
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Fargo, ND, Man Sentenced to 35 Years for Multiple Offenses Involving Transportation of a One-Year-Old Child for the Purpose of Sexual Abuse and Distribution of Child PornographyRead the Press Release
Fargo – United States Attorney Christopher C. Myers announced that on January 8, 2019, United States District Court Judge Karen E. Schreier, District of South Dakota, sentenced Dustin William Kewley, age 36, Fargo, North Dakota, to serve 35 years in prison, followed by a lifetime of supervised release for the charges of Conspiracy to Transport a Minor, Transportation of a Minor, Distribution of Materials Containing Child Pornography, and Possession of Materials Containing Child Pornography. Kewley was further ordered to pay restitution in the amount of $12,640 to the victim and $400 in special assessments to the Crime Victims’ Fund.
This case was brought to the attention of law enforcement after Kewley began communicating with an undercover officer from the Metropolitan Police Department – FBI Child Exploitation Task Force in Washington, DC. During their conversations, Kewley relayed that he was preparing to sexually abuse a one-year-old child during which time he would produce a visual depiction of such conduct. In addition, Kewley electronically sent the undercover officer a child pornographic video depicting a prepubescent female being sexually abused by an adult male.
After the FBI Task Force identified Kewley as residing in Fargo, North Dakota, it immediately notified the FBI’s field office in Fargo, North Dakota, for further investigation. The FBI and the North Dakota Internet Crimes Against Children Task Force immediately responded to Kewley’s residence to rescue the child. A subsequent search of Kewley’s residence produced Kewley’s computer and cellphone. A subsequent forensic examination of Kewley’s computer and cell phone revealed child pornography, as well as text conversations between Kewley and the co-defendant, Bryan Hogle, from Las Vegas, Nevada.
Further investigation revealed that on May 22, 2017, Kewley transported the one-year-old child from Fargo, North Dakota, to Moorhead, Minnesota, to meet Hogle who traveled from Las Vegas, Nevada, the previous day. Specifically, the two men met at a hotel in Moorhead where together they sexually abused the child.
In July 2018, Hogle pled guilty to the offenses of Conspiracy to Transport a Minor, and Coercion and Enticement. Hogle will be sentenced January 25, 2019.
This case was investigated by the North Dakota Bureau of Criminal Investigation; Federal Bureau of Investigations; Homeland Security Investigations; Fargo Police Department; and FBI Child Exploitation Task Force.
Assistant United States Attorney Jennifer Puhl prosecuted the case.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by U.S. Attorney’s Offices throughout the nation, Project Safe Childhood, in conjunction with Internet Crimes Against Children Task Force (ICAC), help federal, state, and local law enforcement agencies enhance their investigative responses to offenders who use the Internet, online communications systems, or computer technology to sexually exploit children. The ICAC Program is a national network of 61 coordinated task forces engaging in proactive investigations, forensic investigations, and criminal prosecutions. Project Safe Childhood also helps to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Milwaukee, WI, Man Sentenced for His Role in a Drug Conspiracy Resulting in Death and Serious Bodily InjuryRead the Press Release
FARGO: United States Attorney Christopher C. Myers announces that on December 18, 2018, U.S. District Judge Mark W. Bennett, Northern District of Iowa, sitting by designation, sentenced JOVAN MARQUIS HARRIS, age 28, of Milwaukee, WI, on a charge of Conspiracy to Possess with Intent to Distribute and Distribute a Controlled Substance Resulting in Death and Serious Bodily Injury; three counts of Distribution of a Controlled Substance Resulting in Death or Serious Bodily Injury; and two counts of Distribution of a Controlled Substance. Judge Bennett sentenced Harris to a period of 25 years in federal prison on each of four counts related to distributing heroin resulting in death or serious bodily injury, and 20 years on the final two counts, all of the sentences to be served concurrently. Harris was also ordered to pay $10,715.41 in restitution for funeral expenses, $600 in special assessments, and will serve 5 years of supervised release after his incarceration.
Law enforcement’s investigation into a spike in the heroin overdose deaths of individuals in the Fargo-Moorhead area between September 2015 and April 2016 resulted in the indictment of Harris for the overdose death of one person in Moorhead, MN, on September 1, 2015, and the non-fatal overdoses of two individuals in Fargo, ND, on August 27 and September 1, 2015. Harris also sold heroin on two occasions in March 2016 to a confidential informant in Fargo, ND. The heroin Harris was distributing was brought to the Fargo-Moorhead area from Milwaukee, WI.
Harris was convicted by a Fargo jury on May 14, 2018, following a six-day trial.
U.S. Attorney Myers stated, "As we are painfully aware, many families in our community have been ripped apart by the scourge of opiates. We will continue to aggressively pursue those individuals who seek to profit from the death and destruction of drug trafficking. The sentence in this case sends another strong message that in North Dakota drug traffickers will be held accountable. We must not lose sight of the fact that this is a community-wide problem that needs a community solution - everyone must continue the fight, together. I want to commend the excellent work of this team of prosecutors, support staff, and law enforcement in bringing some measure of justice for the victims in this case.”
This case was investigated by the Drug Enforcement Administration, Moorhead Police Department, Cass County Drug Task Force, Cass County Sheriff’s Office, and North Dakota Bureau of Criminal Investigation, with assistance from Cass County State’s Attorney, North Dakota Crime Lab, Minnesota BCA Crime Lab, and Ramsey County (MN) Medical Examiner.
This case was prosecuted by Assistant U.S. Attorney Brett Shasky and Assistant U.S. Attorney Jake Rodenbiker
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http://www.usdoj.gov/usao/nd/
North Dakota U.S. Attorney’s Office Announces Recent Indictments and a Sentencing for Sexual Offenses on the Fort Berthold Indian ReservationRead the Press Release
BISMARCK – United States Attorney Christopher C. Myers announced the recent prosecution of three individuals for sexual offenses occurring on the Fort Berthold Indian Reservation.
INDICTMENTS:
Tyson Keith Eagleman, 30, from New Town, ND, was charged by an Indictment returned on September 5, 2018, on two counts of Aggravated Sexual Abuse by Force. The Indictment alleges that on or about May 27, 2017, Eagleman, an enrolled member of the Chippewa Cree Tribe, sexually assaulted a woman on the Fort Berthold Indian Reservation. On September 24, 2018, Eagleman had an Initial Appearance in the United States District Court for the District of Montana. On October 25, 2018, in Bismarck, ND, Eagleman had an Arraignment hearing before United States Magistrate Judge Alice Senechal. On October 29, 2018, United States Magistrate Judge Charles Miller, Jr. presided over Eagleman’s Detention hearing and detained Eagleman pending trial.
Chance Lone Bear, 21, from Mandaree, ND, was charged by an Indictment returned on October 3, 2018, for Sexual Abuse of a Minor. The Indictment alleges that on or about March 23, 2017, Lone Bear, an enrolled member of the Three Affiliated Tribes, knowingly engaged in a sexual act with a child aged between 12 and 16 years on the Fort Berthold Indian Reservation. On November 20, 2018, Lone Bear had an Initial Appearance and Arraignment before United States Magistrate Judge Charles Miller, Jr. Judge Miller released Lone Bear on several conditions pending trial.
These cases are being investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Jonathan J. O’Konek.
The Indictments in the above listed cases are not evidence of guilt. The defendants are presumed innocent unless or until proven guilty beyond a reasonable doubt at trial.
SENTENCING:
Nathan Leon Yellow Lodge, Jr., 26, from New Town, ND, was sentenced on October 15, 2018, by Chief United States District Judge Daniel L. Hovland on a charge of Sexual Abuse of a Minor. Judge Hovland sentenced Yellow Lodge to serve five years in prison, followed by ten years of supervised release. Yellow Lodge pleaded guilty to this offense on April 11, 2018.
On June 18, 2017, Yellow Lodge engaged in sexual intercourse with a 15-year-old minor when he was 25 years old.
This case was investigated by the Federal Bureau of Investigation and was prosecuted by Assistant U.S. Attorney Jonathan J. O’Konek.
Two Spirit Lake Men Change their Pleas to Guilty for the Murder of a Spirit Lake WomanRead the Press Release
FARGO – United States Attorney Christopher C. Myers announced that on November 9, 2018, Daylin Takendrick St. Pierre, Age 21, Spirit Lake Indian Reservation, ND, plead guilty to Conspiracy to Commit Robbery; Use of a Firearm in Relation to a Felony Crime of Violence; and Felony Murder before US District Judge Daniel L. Hovland Judge. Dakota James Charboneau, age 24, also of Spirit Lake, plead guilty to Second Degree Murder, Aiding and Abetting; and Use of a Firearm in Relation to a Felony Crime of Violence.
On August 23, 2016, Ms. Karla Yellowbird traveled to the Spirit Lake Indian Reservation with Suna Guy, who previously plead guilty to Felony Murder and was sentenced in this case. While on the Spirit Lake Reservation, Dakota Charboneau and Guy planned to rob Ms. Yellowbird of her money and belongings, and later recruited Daylin St. Pierre to do the robbery. In the morning of August 24, 2016, St. Pierre shot and killed Ms. Yellowbird while robbing her.
Sentencing for both Charboneau and St. Pierre is scheduled for February 25, 2019.
This case was investigated by the Mandan Police Department; North Dakota Bureau of Criminal Investigation; Bureau of Indian Affairs; and the Federal Bureau of Investigations.
Assistant United States Attorney Janice M. Morley and AUSA Jenifer Puhl prosecuted the case.
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