District of South Dakota
Press releases recorded for this federal judicial district.
Huron Man Sentenced in Bank FraudRead the Press Release
United States Attorney Randolph J. Seiler announced that a Huron, South Dakota, man convicted of bank fraud was sentenced on January 8, 2016 by U.S. District Judge Karen E. Schreier.
Kent Lee Bales, age 60, was sentenced to 5 years of probation and ordered to complete 100 hours of community service before the end of his term of probation. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Bales was indicted for Bank Fraud by a federal grand jury on December 2, 2014. He pled guilty to the offense on September 28, 2015.
Bales operated two companies with his brother: Stockman’s Auction Company Inc., and Bales Continental Commission Company in Huron. The companies are related entities and are in the business of selling cattle. Bales engaged in a check kiting scheme, whereby he wrote checks and transferred funds among the companies’ accounts at three different banks when he knew that the checks and transfers were not actually supported by sufficient funds. In doing so, he artificially inflated the balances in his accounts and used some of those funds for business purposes. Bales defrauded one of the banks out of approximately $1,820,948.46.
This case was investigated by Federal Bureau of Investigation. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
Hermosa Man Sentenced for Theft from the United States Forest ServiceRead the Press Release
United States Attorney Randolph J. Seiler announced that a Hermosa, South Dakota, man convicted of Theft of Government Property was sentenced on January 8, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Tobin Nettifee, age 37, was sentenced to 3 years of probation, and ordered to pay $800 in restitution and a $100 special assessment to the Federal Crime Victims Fund.
Nettifee was indicted for Theft of Government Property by a federal grand jury on April 21, 2015. Nettifee pleaded guilty on August 24, 2015.
The conviction stems from Nettifee stealing a chainsaw, firefighting equipment, radios, flight gear, microphones, a power generator, and power tools from the National Park Service between June 1, 2010, and August 28, 2014. Nettifee was an employee of the National Park Service and upon leaving employment, he did not return the items.
At a later date after Nettifee left National Park Service employment, he stole a Stihl chainsaw from a U.S. Forest Service pickup at the Custer station and pawned it in Rapid City, on June 16, 2014.
This case was investigated by the U.S. Forest Service Law Enforcement and Investigations. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Guatemalan Man Sentenced for Use of Interstate Facilities to Transmit Information About a MinorRead the Press Release
United States Attorney Randolph J. Seiler announced that a Guatemalan man convicted of Use of Interstate Facilities to Transmit Information About a Minor was sentenced on January 11, 2016, by U.S. District Judge Karen E. Schreier.
Jose Joaquin Oxlaj, age 27, was sentenced to 46 months in custody, followed by 5 years of supervised release, and $100 to the Federal Crime Victims Fund.
Oxlaj was indicted for the charge by a federal grand jury on May 5, 2015. He pled guilty on October 27, 2015.
Oxlaj responded to an advertisement on the Internet website known as Skout. Using his cell phone to send text messages, he agreed to meet at a hotel in Sioux Falls to have sex with a 15 year-old girl. Law enforcement officers arrested Oxlaj when he arrived at the scene and found him to be in possession of his cell phone and over $900 in cash.
This case was investigated by the South Dakota Internet Crimes Against Children task force. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Oxlaj was immediately turned over to the custody of the U.S. Marshals Service.
White Horse Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a White Horse, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on January 5, 2016, by U.S. District Judge Roberto A. Lange.
Sage Miner, age 32, was sentenced to 12 months and 1 day in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Miner was indicted for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury by a federal grand jury on May 15, 2015. He pled guilty to Assault Resulting in Serious Bodily Injury on October 22, 2015.
The conviction arose from a March 21, 2015, incident at White Horse. Miner was at his cousin’s house, as was the victim. Miner began yelling at the victim and he and the victim began pushing each other. Miner threw the victim towards the door and the victim fell. Miner went over and started hitting the victim with his fists at least ten times. He also kicked the victim’s head or body with the steel-toed boots he was wearing at least three times. Miner continued yelling at the victim and had to be pulled off. Miner left the house, but ran back through the front door and starting hitting the victim again, at least ten times on this occasion. He was again pulled off the victim and his cousin told him to leave. Miner then began fighting with his cousin. Miner left the house a second time, and his cousin locked the door and returned to tend to the victim, who was sitting up on the kitchen floor. Miner ran in the back door, jumped on top of the victim, and hit him at least seven times on this occasion. Miner said if anyone tried to help the victim, he would come after them next. Miner’s cousin could not pull him off the victim, so he left to get help. When he returned to his home, the victim was unconscious on the floor and Miner was gone. The victim suffered multiple facial injuries and fractures, including a blowout fracture of the orbital eye socket. After he was released from the hospital, the victim continued to have problems, including ongoing balance problems, dizziness, and headaches.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Miner was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Convicted of Possession of Firearm and Ammunition by a Prohibited PersonRead the Press Release
United States Attorney Randolph J. Seiler announced that Clayton M. High Wolf, age 53, of Rapid City, South Dakota, was found guilty of Possession of Firearm and Ammunition by a Prohibited Person as a result of a federal jury trial in Rapid City, South Dakota. The jury returned the guilty verdict on January 7, 2016.
The charge carries a maximum penalty of 10 years in custody and/or a $250,000 fine, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
The conviction stems from High Wolf being in possession of a Smith & Wesson .22 caliber pistol and Remington .22 caliber ammunition when he was stopped by police officers on July 17, 2014, at Rapid City. He had previous felony convictions with prison time exceeding a year, which prohibits him from possessing a firearm.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Rapid City Police Department. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
A presentence investigation was ordered and a sentencing date will be set. The defendant was remanded to the custody of the U.S. Marshals Service.
McLaughlin Man Sentenced for Child AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Child Abuse was sentenced on January 5, 2016, by U.S. District Judge Charles B. Kornmann.
Clifford Wayne Kills Crow, Jr., a/k/a Clifford Wayne Kills Crow Indian, Jr., age 26, was sentenced to 3 years of probation and a special assessment of $100 to the Federal Crime Victims Fund, restitution.
Kills Crow was indicted by a federal grand jury on October 14, 2015. He pled guilty on December 15, 2015.
The conviction stems from an incident on July 22, 2015, when an officer was dispatched to a residence in McLaughlin, in regards to an intoxicated father who had struck his child. Upon arrival at the home, law enforcement made contact with Kills Crow, who was outside the residence crying and sobbing, stating to law enforcement that he had “messed up” by getting angry at his juvenile son and striking him with his belt. Law enforcement noticed several welts on the victim’s back.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Little Eagle Woman Sentenced for Assault with a Dangerous WeaponRead the Press Release
United States Attorney Randolph J. Seiler announced that a Little Eagle, South Dakota, woman convicted of Assault with a Dangerous Weapon was sentenced on January 4, 2016, by U.S. District Judge Charles B. Kornmann.
Mary Jo Madison, age 37, was sentenced to 16 months in custody, followed by 3 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Madison was indicted by a federal grand jury on August 11, 2015. She pled guilty on November 2, 2015.
The conviction stems from an incident on July 7, 2015, when Bureau of Indian Affairs (BIA) law enforcement was dispatched to a residence in Little Eagle, in reference to an assault. Officers were advised that a group of females were fighting and one was bleeding from the head. Madison and others initially approached the victim and another person and started a verbal altercation. The altercation escalated and Madison went to a car, retrieved a metal bar, and struck the victim on the head at least one time. A neighbor across the street also described the incident to the BIA officers, stating he too saw Madison strike the victim on the head with a metal bar. None of the other people involved in this altercation had weapons.
The victim was transported by ambulance to Mobridge for treatment. As a result of the assault, the victim sustained head injuries, including two lacerations that formed a “T” on her scalp, one laceration was 4 cm long and the other 3 cm long. Following treatment, the victim did not require hospitalization and was released to her home.
Following the assault, Madison fled the area in a black vehicle heading towards Timber Lake. A second BIA officer responded to the call and passed a vehicle matching the description dispatch had provided. The vehicle was stopped and the officer was able to identify and detain Madison. Madison was interviewed the following day and admitted to striking the victim on the head with a metal bar.
This case was investigated by the BIA, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Madison was immediately turned over to the custody of the U.S. Marshals Service.
Glenham Man Sentenced for Conspiracy to Distribute and Possess with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Glenham, South Dakota, man convicted of Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine was sentenced on January 4, 2016, by U.S. District Judge Charles B. Kornmann.
Aaron Sackreiter, age 35, was sentenced to 108 months in custody, followed by 10 years of supervised release, a $10,000 fine, and $100 to the Federal Crime Victims Fund. He must also forfeit a Taurus Judge .41 caliber pistol, and $4,514.13 in currency that was seized.
Sackreiter was indicted for Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance and Possess with Intent to Distribute a Controlled Substance by a federal grand jury on September 16, 2014. He pled guilty to Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance on October 27, 2015. The drug quantity attributed to Sackreiter as a part of his role in the narcotics trafficking conspiracy was at least 50 grams, but less than 200 grams, of methamphetamine.
Sackreiter conspired with individuals from California to have methamphetamine brought into South Dakota for re-distribution. Sackreiter distributed some of the methamphetamine himself and recruited others to distribute for him on both the Cheyenne River and Standing Rock Sioux Reservations.
On June 29, 2014, local law enforcement went to Sackreiter’s residence to serve an arrest warrant on him. Sackreiter, Luis Salazar, and Spring Gullickson were present at the residence when law enforcement arrived. During the arrest process, law enforcement could smell a distinct odor of marijuana coming from inside the residence. While they were searching Sackreiter’s person after placing him under arrest, they found $533.13 in cash. Search warrants were then obtained for the residence. A quantity of methamphetamine the size of a billiard ball was seized during execution of the search warrant. The “ball” weighed 65 grams (2.3 ounces). Also found during the search was $3,981.00 in cash, a loaded Taurus Judge pistol, and other drug-related evidence.
Previously, on June 13, 2014, Sackreiter and Salazar had at least eight ounces of methamphetamine in their possession. Sackreiter recruited Gullickson to assist him in distributing the methamphetamine. Sackreiter also provided methamphetamine to Stanley Schily multiple times so that Schily could re-distribute the methamphetamine to others. Schily purchased approximately four "8-balls" (3.5 grams) and other quantities of methamphetamine from Sackreiter a total of five or six times. A separate search of Schily’s residence on July 1, 2014, resulted in the seizure of additional quantities of methamphetamine.
This case was investigated by the Mobridge Police Department and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Jay Miller prosecuted the case.
Sackreiter was immediately turned over to the custody of the U.S. Marshals Service.
Bullhead Woman Sentenced for Child AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that a Bullhead, South Dakota, woman convicted of Child Abuse was sentenced on January 4, 2016, by U.S. District Judge Charles B. Kornmann.
Velnita Jolette Hairy Chin, age 43, was sentenced to 37 months in custody, followed by 3 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Hairy Chin was indicted by a federal grand jury on July 14, 2015. She pled guilty on November 2, 2015. Hairy Chin has had twelve previous convictions for Child Abuse/Neglect.
The conviction stems from an incident on June 23, 2015, when Bureau of Indian Affairs (BIA) law enforcement responded to a house call in Bullhead. Law enforcement was informed of a female passed out in the residence and multiple young children outside without supervision. Upon arrival, an officer made contact with a young female child in the home. The officer asked her if her mom was home, to which she responded no, but that grandma was home and was “drunk.”
The officer came into the home in an attempt to find a responsible adult. In searching for an adult in the home, the officer noticed a baby in a car seat in the living room and multiple other young children. In a basement room, the officer discovered an adult male and female passed out in a bed. The officer woke the female up and identified her as Hairy Chin who asked law enforcement “What’s going on?” The officer asked her who was watching the kids to which she responded “I am.” When the officer inquired how long the baby had been in the car seat, he had to repeat himself as Hairy Chin did not appear to be able to comprehend the question. Despite being asked repeatedly about the baby in the car seat, Hairy Chin was not able to answer the question. Hairy Chin informed the officer that the children were hers. At this point, Hairy Chin was placed under arrest for child neglect and was escorted to the patrol unit.
The officer then went back into the house to check on the kids. A neighbor came over and helped him change some of the kids’ diapers. The neighbor also made a bottle for the youngest child. The officer became concerned when he noticed the baby kept screaming when they would try to touch him. The officer went out to his patrol unit and asked Hairy Chin if something was wrong with the baby, to which she replied that the baby was “fine, fat, and okay.” One of the little girls told the officer that the baby had fallen, after being dropped. The officer called for an ambulance to come and check the baby out. The officer again asked Hairy Chin what happened to the baby. Initially Hairy Chin denied that anything was wrong with him, but later admitted that he was dropped the previous day but claimed he was now fine.
When the EMTs arrived on scene, they too noticed that the baby cried whenever he was picked up and carried. Again, the officer went to his unit and asked Hairy Chin if anything was wrong with the baby, Hairy Chin again informed the officer that the baby was fine. The EMTs took the child to the hospital in Mobridge.
Child Protection Services (CPS) arrived and the officer and a neighbor relayed the events that had occurred earlier in the day. The neighbor came over earlier in the day to find all seven children in the home without supervision. The oldest of the children, approximately 11 years of age, informed the CPS worker that he was in charge and could take care of all of the children. Safe homes were found for all of the children. The CPS worker then travelled to Mobridge to check on the baby who had the following injuries: abrasions on his legs from sitting in the car seat for so long, bruising on his right leg and buttock, diaper rash, air in his stomach from constant crying, and a right ear infection.
This case was investigated by the BIA, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Hairy Chin was immediately turned over to the custody of the U.S. Marshals Service.
Mobridge Man Sentenced for Child AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mobridge, South Dakota, man convicted of Child Abuse was sentenced on January 4, 2016, by U.S. District Judge Charles B. Kornmann.
Gabe Dubois, age 27, was sentenced to 6 months in custody, followed by 3 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Dubois was indicted by a federal grand jury on July 14, 2015. He pled guilty on September 21, 2015.
The conviction stems from an incident on June 8, 2015, when an employee of Lucky’s Gas & More in Mobridge called the Mobridge Police Department to report that someone had stolen four cans of beer from Lucky’s. Law enforcement was dispatched to Lucky’s and spoke with the employee who reported that Dubois took four cans of beer from a cooler, stuck them down his pants, walked up to the cash register, requested a book of matches from the clerk, and left the store without paying for his items. After reviewing video surveillance, law enforcement determined that Dubois had arrived and left the store in a black, four-door, Oldsmobile Alero.
Shortly after 5:30 PM on June 8, 2015, the Mobridge Police Department received a call from an employee at G&R Body Shop who informed law enforcement that a black Oldsmobile Alero with a male driver and female passenger kept speeding past the body shop. The employee also stated the driver was wearing a black baseball cap. While law enforcement and the employee were speaking, the car in question approached the shop and was identified by the employee.
Law enforcement pursued the vehicle and identified Dubois as the driver. Law enforcement further noticed the driver was wearing a black hat, and saw a female in the passenger seat. The vehicle had a North Dakota license plate, which was later found to be registered to Dubois. At this point, the officer turned his squad car around and activated his emergency lights and siren.
Dubois fled from law enforcement through several streets in Mobridge, driving 47 miles per hour in a 35 mile per hour zone and driving around a road block comprised of two police squad cars. Law enforcement continued to pursue Dubois, who drove at speeds of up to 100 miles per hour, heading west across the Highway 12 bridge near Mobridge onto the Standing Rock Indian Reservation. Dubois continued to flee once he entered the reservation, turning north on Highway 1806, heading towards Kenel, South Dakota. Because the chase had entered Tribal lands, Mobridge law enforcement notified the Bureau of Indian Affairs (BIA) Law Enforcement.
Dubois continued north toward Kenel at speeds of 70 to 100 miles per hour in a 55 mile per hour zone. South of Kenel, Dubois lost control of the vehicle. The vehicle spun to face south and continued into the ditch, rolling over multiple times, and landing upside down. Multiple law enforcement officers and agencies responded to the crash. The officers were able to extract Dubois from the driver’s seat, an adult female from the passenger seat, and a 17-month-old child, who is Dubois’s daughter. There was a strong odor of alcohol emanating from the vehicle and the officers observed numerous open and empty cans and bottles of alcoholic beverages.
Dubois was interviewed by a Special Agent with the BIA. Dubois admitted to not stopping for the officers when they engaged their lights because he did not want to go to jail. When asked how fast he was going, Dubois said 100 miles per hour, but thought he had dropped down to 75. He also admitted that his driving and eluding police placed his daughter’s life at risk of death or serious bodily injury. He recognized that his actions would be considered a form of child abuse or neglect.
This case was investigated by the BIA, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Dubois was immediately turned over to the custody of the U.S. Marshals Service.
Mission Woman Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, woman convicted of Assaulting, Resisting, Opposing, and Impeding a Federal Officer was sentenced on January 4, 2016, by U.S. District Judge Roberto A. Lange.
Alvina Leader Charge, age 30, was sentenced to time served, at least 4 months in a residential re-entry program, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Leader Charge was indicted by a federal grand jury on July 14, 2015. She pled guilty on October 9, 2015.
The conviction arose from a June 30, 2015, incident when a Rosebud Sioux Tribe Law Enforcement Services Officer responded to a call near the Maverick Motel in Mission. At the scene, the officer arrested Leader Charge for contempt of court and making a false statement. At first, Leader Charge was cooperative, but then she began calling the officer names and threatening to get her fired. The officer tried to calm Leader Charge and warned her they would need to use a security chair if she did not settle down. When the officer was taking Leader Charge out of the squad car, Leader Charge pulled away from the officer and hit the officer in the face and chest. Leader Charge told the officer, “You’re going to get killed,” and said she was going to be on a 24-hour search for the officer.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Leader Charge was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for Sexual AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Sexual Abuse of a Person Incapable of Consenting was sentenced on January 4, 2016, by U.S. District Judge Roberto A. Lange.
Ronnie Keith Circle Bear, age 52, was sentenced to 121 months in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Circle Bear was indicted by a federal grand jury on November 13, 2014, for one count of Aggravated Sexual Abuse by Force and one count of Sexual Abuse of a Person Incapable of Consenting. He pled guilty to one count of Sexual Abuse of a Person Incapable of Consenting on October 6, 2015.
The conviction arose from a June 2014 incident when Circle Bear was living in Rapid City and traveled to Eagle Butte as part of his job. Circle Bear contacted the victim’s mother and asked if the victim could go with him to Eagle Butte so they could later attend a pow-wow in McLaughlin. The victim was 17-years old at the time.
The victim rode with Circle Bear from Rapid City to Eagle Butte. When they arrived in Eagle Butte, Circle Bear got a motel room. He then purchased some peppermint schnapps and flavored vodka that he mixed with cranberry juice and provided to the victim. The victim drank the alcohol and after several hours, passed out on the bed with her clothes on. Circle Bear knew the victim was incapacitated and was incapable of declining any sexual advances, but he removed her pants and underwear and proceeded to have sexual intercourse with her anyway. The victim woke up while Circle Bear was having intercourse with her. When he stopped, she asked Circle Bear for her clothes, got dressed, and went to the front desk at the motel to ask for help. The motel clerk called the Cheyenne River Sioux Tribe Police Department.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Circle Bear was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Woman Sentenced to 70 Months for Drug OffenseRead the Press Release
United States Attorney Randolph J. Seiler announces that a Sioux Falls, South Dakota, woman convicted of Conspiracy to Distribute Methamphetamine was sentenced on December 28, 2015, by Judge Karen E. Schreier.
Kay Ray Ridgway, age 24, was sentenced to 70 months in custody, followed by three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Ridgway was indicted for Conspiracy to Distribute Methamphetamine by a federal grand jury on May 5, 2015, and pled guilty on September 30, 2015.
In 2014 and 2015, Ridgway was involved in a conspiracy to distribute methamphetamine in Sioux Falls. She and other co-conspirators were found to be in possession of over 340 grams of methamphetamine.
This case was investigated by the Drug Enforcement Administration and Sioux Falls Area Drug Task Force. Special Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Ridgway was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced to 87 Months for Drug OffenseRead the Press Release
United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine was sentenced on January 4, 2016, by U.S. District Judge Karen E. Schreier.
Fred Earl Davis, Jr., age 53, was sentenced to 87 months in custody, followed by four years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Davis was indicted for Conspiracy to Distribute Methamphetamine by a federal grand jury on March 4, 2015, and pled guilty on August 19, 2015.
In 2014, Davis was involved in a conspiracy to distribute methamphetamine and marijuana in Sioux Falls. During a traffic stop, Davis was found to be in possession of approximately 87 grams of methamphetamine, 29 grams of cocaine, 33 pounds of marijuana, and over $3,000 cash. Law enforcement found approximately three pounds of marijuana and four pounds of marijuana edibles at Davis’ home, along with eleven firearms, over 1,000 rounds of ammunition, and over $6,500 in cash.
This case was investigated by the Drug Enforcement Administration, South Dakota Highway Patrol, and the Sioux Falls Area Drug Task Force. Special Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Davis was immediately turned over to the custody of the U.S. Marshals Service.
McLaughlin Man Sentenced for Assault of an Intimate Partner by StrangulationRead the Press Release
United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Assault of an Intimate Partner by Strangulation was sentenced on January 4, 2016, by U.S. District Judge Charles B. Kornmann.
Brett Claymore, age 22, was sentenced to 30 months in custody, followed by 2 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Claymore was indicted by a federal grand jury on May 12, 2015. He pled guilty on October 27, 2015.
The conviction stems from an incident on April 22, 2015, when Bureau of Indian Affairs (BIA) law enforcement was dispatched to a residence in McLaughlin, due to a domestic disturbance call. Upon arrival, law enforcement made contact with the victim who informed the officer that she had gotten into an argument with Claymore. The victim advised the officer that she and Claymore had been in a dating relationship for the past three years.
Another law enforcement officer arrived on scene and asked the victim if a physical altercation had occurred. The officer told her to be honest, because he had heard that Claymore had “choked” her. The victim looked surprised, put her head down towards her chest, and began to cry. The victim then indicated, by placing her hands around her neck, that she was grabbed around her neck and “choked” by Claymore.
The victim said that Claymore held her against the wall with both hands around her neck, “choking her.” The victim denied that she lost consciousness, but did state that she felt like she was going to “blackout” with blurred vision. The victim stated she was unable to breathe or speak to tell Claymore to stop, so she started hitting his arms to get him to stop.
Other witnesses who were present when the assault occurred described hearing the victim arguing with Claymore, when suddenly the arguing stopped and they could hear “choking” noises coming from the room. Immediately following the assault, the witnesses noticed that the victim’s face was flushed and her neck appeared to be red.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Claymore was immediately turned over to the custody of the U.S. Marshals Service.
Eighth Circuit Affirms District Court’s Denial of Federal Inmate’s Habeas Petition and Dismissal of Inmate’s Civil Rights ActionRead the Press Release
United States Attorney Randolph J. Seiler announced that the Eighth Circuit Court of Appeals filed a per curiam opinion and Judgment on December 29, 2015, in the case of Travis Emory Correll v. United States of America, et al., affirming the judgment of the district court.
Federal inmate Correll appealed after the district court dismissed his two pro se civil actions, in which he claimed 18 U.S.C. § 3621 and the regulations promulgated thereunder, violate equal protection because they authorize early release only for nonviolent offenders who have both a history of substance abuse and complete a residential drug-abuse treatment program.
In the opinion, the court wrote, “The government’s refusal to offer early release to Correll does not implicate a fundamental right, so § 3621 is permissible if it is supported by a rational basis. Congress rationally could have concluded that substance-abuse treatment for prisoners could help reduce the extraordinarily high rate of recidivism among offenders who have a history of substance abuse, and that an early-release incentive was necessary to draw into treatment inmates who might otherwise be unwilling to undergo drug treatment.”
Assistant U.S. Attorney Alison Ramsdell handled this appeal for the Government
[1] Per curiam is Latin for “by the court.” A phrase used to distinguish an opinion of the whole court from an opinion written by any one judge. Sometimes it denotes an opinion written by the chief justice or presiding judge, or to a brief announcement of the disposition of a case by court not accompanied by a written opinion.Sioux Falls Man Found Not Guilty of Drug ChargeRead the Press Release
United States Attorney Randolph J. Seiler announced that Todd Allen Johnson, age 51, of Sioux Falls, South Dakota, was found not guilty of possession with intent to distribute methamphetamine as a result of a federal jury trial in Sioux Falls.
Johnson was indicted by a federal grand jury on December 2, 2014, of possession with intent to distribute 50 grams or more of methamphetamine.
This case was investigated by the Sioux Falls Police Department, the Minnehaha County Sheriff’s Office, the South Dakota Division of Criminal Investigation, and the Drug Enforcement Administration.
Eagle Butte Man Sentenced for Assault with a Dangerous WeaponRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on December 21, 2015, by U.S. District Judge Roberto A. Lange.
Dathan Little Wounded, age 34, was sentenced to 28 months in custody, followed by 2 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Little Wounded was indicted by a federal grand jury on May 12, 2015. He pled guilty on September 25, 2015.
The conviction stemmed from an incident on March 2, 2015, when Little Wounded assaulted the victim outside of the Falcon Apartments in Eagle Butte. Little Wounded punched the victim 15 times in the face and abdomen. Little Wounded then threw him to the ground and kicked him in the face and abdomen four times. Little Wounded also stomped on his head and face 3 times.
A resident of the Falcon Apartments heard and saw what was going on, and called the police to report the assault. The resident looked outside again, and saw the victim lying motionless on the ground. The resident told Little Wounded the police had been called, and Little Wounded then left the scene.
An officer from the Cheyenne River Sioux Tribe responded to the call. The victim was transported by ambulance to the IHS facility in Eagle Butte, where he received 5 stitches around the left eye area. He also had a black eye.
This case was investigated by the Cheyenne River Sioux Tribe. Assistant U.S. Attorney Jay Miller prosecuted the case.
Little Wounded was immediately turned over to the custody of the U.S. Marshals Service.
Dupree Man and Eagle Butte Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Dupree, South Dakota, man and an Eagle Butte, South Dakota, man charged with Assault by Striking, Beating and Wounding pled guilty and were sentenced on December 22, 2015, by U.S. District Judge Roberto A. Lange.
Elton Lone Eagle, Sr., age 34, was sentenced to 12 months in custody, followed by 12 months of supervised release, and a special assessment of $25 to the Federal Crime Victims Fund.
Zachary Brown Thunder, age 31, was sentenced to 12 months in custody, followed by 12 months of supervised release, and a special assessment of $25 to the Federal Crime Victims Fund.
The convictions stemmed from an incident that took place on the evening of January 29, 2015, when the victim was at the same residence as Lone Eagle and Brown Thunder, as well as others. The victim was walking down the stairs, when Lone Eagle grabbed him and pushed him down to the floor. Once on the floor, Lone Eagle held the victim down, while Brown Thunder held a heated butter knife to his upper right arm.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Jay Miller.
Lone Eagle and Brown Thunder were remanded to the custody of the U.S. Marshals Service.
Dupree Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Dupree, South Dakota, man charged with Assault by Striking, Beating and Wounding pled guilty and was sentenced on December 22, 2015, by U.S. District Judge Roberto A. Lange.
Elton Lone Eagle, Sr., age 34, was sentenced to 12 months in custody, followed by12 months of supervised release, and a special assessment of $25 to the Federal Crime Victims Fund.
The conviction stemmed from an incident that took place on April 21, 2015, when Lone Eagle began accusing the victim of being with other men and told her that if he could not have her, no one would. Lone Eagle punched the victim on the left side of the face.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Jay Miller.
Lone Eagle was remanded to the custody of the U.S. Marshals Service.
Committing Fraud against the Government Doesn’t PayRead the Press Release
United States Attorney Randolph J. Seiler announced that U.S. District Court Judge Roberto Lange awarded the United States of America $279,184.00 against John Dewayne Ford for submitting multiple false-unemployment claims to the United States Railroad Retirement Board.
John Dewayne Ford, age 43, was laid off from his job with the Burlington Northern Railroad. Ford admitted that between May 2010 and April 2012, he claimed unemployment insurance benefits even though he was actually employed elsewhere. Ford submitted 40 false claims to the U.S. Railroad Retirement Board (RRB) certifying his claims for unemployment benefits, and in doing so; he perjured himself certifying his applications were true and accurate.
Ford was prosecuted criminally and pled guilty to the offense of Theft of Government Property. He was sentenced to a term of 3 years’ probation and ordered to pay criminal restitution in the amount of $19,728.
On April 6, 2015, the United States Attorney’s Office filed a civil action against Ford to recover damages and civil penalties pursuant to the False Claims Act (FCA), 31 U.S.C. §§ 3729-3733, for the false claims Ford knowingly submitted to the RRB. The FCA imposes civil liability on persons who knowingly submit false claims to the government. Persons who submit a false claim must pay to the United States a civil penalty of not less than $5,500 and not more than $11,000 for each false claim, plus three times the amount of damages which the government sustained.
In the court opinion filed today, the United States was awarded treble damages in the amount of $59,184. Although the District Court stated it would prefer to fashion a remedy that would have assessed only a single minimum penalty for this ongoing scheme, the U.S. Supreme Court has stated that the correct application of the statutory language related to civil penalties requires “that the focus in each case be upon the specific conduct of the person from whom the Government seeks to collect the statutory forfeitures.” Based on Ford’s 40 false submissions, a civil penalty was imposed at the minimum $5,500 per false claim totaling $220,000. The total civil judgment entered in favor of the United States was for $279,184.00. The government was also awarded interest and costs expended in bringing the civil case.
The U.S. Attorney’s Office places a high priority on criminal and civil enforcement in cases involving all types of fraud committed against the government, and works with various law enforcement agencies to identify and investigate these matters. The investigation in this case was conducted by the U.S. Railroad Retirement Board. This civil lawsuit was handled by Assistant U.S. Attorney Cheryl Schrempp DuPris. The criminal case was prosecuted by Assistant U.S. Attorney Ann M. Hoffman.
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Sioux Falls Man Sentenced for FraudRead the Press Release
United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man convicted of wire fraud was sentenced on December 11, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Randall William McKee, age 58, was sentenced to 41 months imprisonment, to be followed by 3 years of supervised release, and ordered to pay $100 to the Federal Crime Victims Fund. He was also ordered to pay restitution of $684,230.11.
McKee was indicted for wire fraud and money laundering by a federal grand jury on November 4, 2014. He pled guilty to one count of wire fraud on August 21, 2015.
McKee served as trustee for an irrevocable supplemental needs trust that was established to provide for the needs of a disabled person. McKee wrote checks from the trust’s checking account payable to himself, or to a business he controlled, and then used the funds for his own purposes. McKee also defrauded investors in a real estate scheme by soliciting investment funds and then using those funds for his own purposes. Most of this activity occurred while McKee was a resident of Rapid City, South Dakota.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
McKee was immediately turned over to the custody of the U.S. Marshals Service.
North Dakota Woman Sentenced for LarcenyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mandan, North Dakota, woman convicted of Larceny was sentenced on December 14, 2015, by U.S. District Judge Charles B. Kornmann.
Dawn Muir, age 54, was sentenced to 41 months in custody, followed by 3 years of supervised release, $29,973.13 in restitution to the Pretty Bird Woman House, and a special assessment of $100 to the Federal Crime Victims Fund.
Muir was indicted by a federal grand jury on January 17, 2014. She pled guilty on June 22, 2015.
The conviction stemmed from a series of incidents beginning on or about February 2, 2011, while Muir was the Executive Director of the Pretty Bird Woman House, a domestic violence shelter located on the Standing Rock Indian Reservation, in McLaughlin, South Dakota. Muir was writing checks to herself from an emergency fund the shelter maintained to provide food and relocation money to victims of domestic violence. The shelter received several grants from the Department of Justice and Health and Human services to fund its day-to-day operations. Muir would write the checks payable to herself, claiming the money was mileage reimbursement, travel reimbursement, or used for other non-emergency tasks. When investigators questioned her about the account, Muir was unable to produce receipts or vouchers to verify the expenditures. Corresponding deposits into Muir's personal bank account were also discovered.
The check writing scheme resulted in a loss to the Pretty Bird Woman House in the amount of $29,973.13.
This case was investigated by the U.S. Department of Justice Office of the Inspector General, and the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Muir shall self-report by December 29, 2015.
St. Francis Man Sentenced to 262 Months for Second Degree MurderRead the Press Release
United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man convicted of two counts of Second Degree Murder was sentenced on December 7, 2015, by United States District Judge Roberto Lange.
Daryl Dean Fool Bull, age 33, was sentenced to 262 months in custody, followed by 3 years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.
Fool Bull was indicted for two counts of Second Degree Murder and two counts of Assault with a Dangerous Weapon by a federal grand jury on April 14, 2015. He pled guilty to two counts of Second Degree Murder on September 14, 2015.
On the evening of March 30, 2015, and the morning of March 31, 2015, Daryl Fool Bull, Kirby Sharpfish, Russell Sharpfish, and Crystal Sharpfish were drinking together at a residence in Todd County, South Dakota. Kirby, Russell, and Crystal were siblings. Crystal and Fool Bull were in a dating relationship and had children together.
Fool Bull, Russell, Kirby and Crystal became heavily intoxicated. At approximately 10:00 a.m. on March 31, 2015, Fool Bull became upset and without provocation, he repeatedly stabbed Russell Sharpfish and Kirby Sharpfish with a kitchen knife. Two minor children were present in the home. During the altercation, one child woke up and went into the living room. Crystal was lying face down on the floor and Fool Bull was standing beside her, holding a knife in his hand. Russell was kneeling on the ground with blood “squirting” from his neck. Kirby was in an armchair and was deceased. The child then went to a bedroom and called 911.
An ambulance and law enforcement officers arrived a short time later. Fool Bull and Crystal were not found in the home. Both Russell and Kirby were pronounced dead at the scene. Russell died from 28 stab wounds to the head, neck, back, hands, and forearms. Kirby died from 14 stab wounds to the neck and head. A knife covered in blood was located behind the back door of the residence.
Responding officers with the Rosebud Sioux Tribe Law Enforcement Services searched the surrounding area for Crystal and Fool Bull, who were located in a field west of the residence. Fool Bull had dried blood on his clothing and his hands. Crystal had numerous scrapes along her body that were incurred when Fool Bull dragged her through the field.
This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Carrie Sanderson prosecuted the case.
Fool Bull was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Sentenced to 177 Months for Assaulting a Federal Officer and Using a Firearm During a Crime of ViolenceRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Assaulting a Federal Officer and Using and Carrying a Firearm During and In Relation to a Crime of Violence was sentenced on November 30, 2015, by Judge Roberto A. Lange.
Arthur James Burnette, also known as Kory Young, age 25, was sentenced to 57 months in custody for Assaulting a Federal Officer, and 120 months in custody for Using and Carrying a Firearm During and In Relation to a Crime of Violence, to be served consecutively, for a total of 177 months. His prison time will be followed by 3 years of supervised release, and he was ordered to pay $4,105 in restitution, and $200 in special assessment fees to the Federal Crime Victims Fund.
On March 19, 2015, the defendant was with two women in St. Francis, on the Rosebud Sioux Indian Reservation. He was driving a stolen 1995 Honda Accord sedan and had a shotgun and ammunition with him in the vehicle. He was firing the shotgun off and harassing people. The disturbance was reported by a citizen to the Rosebud Sioux Tribe Law Enforcement Services. Officers responded and attempted to capture the defendant, who had outstanding tribal warrants. The defendant fled from the pursuing officers, fleeing into Nebraska. He obstructed and impeded the officers as he fled, with his vehicle exceeding 98 miles per hour at times. The defendant was observed hollering obscenities and extending his middle finger at the pursuing officers. He drove his vehicle in an evasive manner, which included leaving the roadway, recklessly passing other vehicles, as well as forcing other vehicles off the roadway.
At one point, the defendant turned his vehicle around, extended his shotgun out the window and fired at a pursuing officer’s squad car. That officer was not hurt and called out over the radio that he had been shot at.
At a different location, another officer stopped his patrol vehicle on a roadway, armed himself with a rifle, and exchanged gunfire with the defendant. No one was injured in the exchange.
Burnette fled towards Kilgore and Crookston, Nebraska, and then to a different location on Highway 20 in Nebraska, and encountered more officers whom he also menaced with his shotgun. At a different location, the defendant drove the stolen vehicle off the roadway and into a ditch, breaking the landowner’s fence. The defendant was arrested at the scene.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, and Firearms. Assistant U.S. Attorney Tim Maher prosecuted the case.
Burnette was immediately turned over to the custody of the U.S. Marshals Service to serve his sentence.
Rapid City Man Sentenced for Production of Child PornographyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Production of Child Pornography was sentenced on November 30, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Jesse Gallego, age 22, was sentenced to 15 years of imprisonment, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
In November 2014, at Pine Ridge, Gallego took multiple pornographic photos of a young girl with his cell phone.
The investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Sarah Collins prosecuted the case.
Gallego was immediately turned over to the custody of the U.S. Marshals Service.
North Dakota Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Fort Yates, North Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on November 30, 2015, by U.S. District Judge Charles B. Kornmann.
Victor Twinn, age 18, was sentenced to 33 months in custody, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Twinn was indicted by a federal grand jury on February 11, 2015. He pled guilty on August 31, 2015.
The conviction stemmed from an incident on January 1, 2015, when Standing Rock Law Enforcement was notified that a male was in front of a house in McLaughlin, South Dakota, unconscious and bleeding from his ears and head. Bureau of Indian Affairs (BIA) law enforcement arrived on scene and located the victim, lying unconscious in front of a residence. An ambulance was summoned and the victim was transported to the Saint Alexius ICU in Bismarck, North Dakota. The victim had severe swelling to his head and face from the assault, and was hospitalized for a period of time due to the injuries he sustained.
Several witnesses at the house identified Victor Twinn as the one who caused the injuries and assaulted the victim. Twinn and the victim went outside and began to fight, and witnesses attempted several times to break it up. After a brief scuffle, Twinn knocked the victim to the ground and began kicking him upon the head, rendering the victim unconscious. While the victim was laying on the ground unconscious, Twinn continued the assault by repeatedly stomping on the victim’s head.
Twinn was arrested a short time later and brought to the Standing Rock Sioux Tribal jail where he admitted to fighting with the victim and knowing that he took it too far by kicking the victim approximately three times on the head, knocking him unconscious. Twinn also recalled some people pulling him away, but that he was extremely upset and went back to where the victim was laying and stomped on his head multiple times.
This case was investigated by the BIA, Standing Rock Agency and the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Twinn was immediately turned over to the custody of the U.S. Marshals Service.
Minnesota Man Sentenced for Assault with a Dangerous Weapon and Mobridge Woman Sentenced for Misprision of a FelonyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Minneapolis, Minnesota, man convicted of Assault with a Dangerous Weapon, and a Mobridge, South Dakota, woman convicted of Misprision of a Felony were sentenced on November 30, 2015, by U.S. District Judge Charles B. Kornmann.
Clayton Montreal, age 29, was sentenced to 20 months in custody, followed by 3 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Wyndee Sitting Dog, age 32, was sentenced to time served and a special assessment of $100 to the Federal Crime Victims Fund.
Montreal and Sitting Dog, along with a third Defendant were indicted by a federal grand jury on April 15, 2014. They pled guilty on August 24, 2015.
Montreal’s conviction stemmed from an incident on March 26, 2014, when Bureau of Indian Affairs (BIA) police were dispatched to a private residence in McLaughlin, South Dakota. Upon arrival, the BIA officer made contact with the victim, who reported she had been assaulted. Through an investigation, it was discovered that Montreal came to a residence the victim was at the night before. She got into a van with Montreal and they eventually got into a verbal argument, which escalated to a physical altercation. During the fight, Montreal punched and also kicked the victim. As a result of the assault, the victim sustained bruising to various parts of her body.
Sitting Dog’s conviction stemmed from the same incident. Montreal, along with Sitting Dog, stopped by the victim’s house and told her to get into a vehicle outside the residence. The victim got in the van and Montreal got into an argument with her over a missing sum of money. Sitting Dog was present and observed Montreal commit the assault on the victim. Sitting Dog knew the actions being committed by Montreal were a violation of law and that she should report these actions immediately to law enforcement. She was later interviewed and told the special agent she did not intervene in the argument, nor did she seek help for the victim. At no time did Sitting Dog report the felonious assault to law enforcement, or another person in civil authority under the United States.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Montreal was immediately turned over to the custody of the U.S. Marshals Service.
Mexican Citizen Sentenced for Use of a Fraudulent Identification DocumentRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mexican citizen living in Huron, South Dakota, convicted of Use of a Fraudulent Identification Document, was sentenced on December 1, 2015, by United States District Judge Roberto Lange.
Milton Oropeza-Chavarria, aka Alfredo De Jesus De Leon, age 21, was sentenced to 18 months of probation, including two months of home confinement, and a special assessment to the Federal Crime Victims Fund.
Oropeza-Chavarria was indicted for Use of a Fraudulent Identification Document by a federal grand jury on February 4, 2015. He pled guilty on September 28, 2015.
On November 30, 2011, Oropeza-Chavarria, a citizen of Mexico, knowingly used an identification document bearing the name Alfredo De Leon for the purpose of obtaining employment. Oropeza-Chavarria signed the Department of Homeland Security Form I-9 to obtain employment with a Jerauld County employer. For verification of authorization to work in the United States, he knowingly provided documentation that was not issued lawfully for his use.
This case was investigated by U.S. Immigration and Customs Enforcement. Assistant U.S. Attorney Carrie Sanderson prosecuted the case.
Oropeza-Chavarria was released to begin his period of home confinement.
McLaughlin Man Sentenced for IncestRead the Press Release
United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Incest was sentenced on November 30, 2015, by U.S. District Judge Charles B. Kornmann.
Joseph Milo Follows The Road, age 62, was sentenced to custody until December 15, 2015, and a special assessment of $100 to the Federal Crime Victims Fund.
Follows The Road was indicted by a federal grand jury on July 14, 2015. He pled guilty on August 31, 2015.
The conviction stemmed from an incident on June 18, 2015, when Bureau of Indian Affairs (BIA) law enforcement was dispatched to the residence of Joseph Follows The Road, in McLaughlin. Law enforcement officers were informed that witnesses had seen Follows The Road and his biological daughter engaging in inappropriate behavior. Follows The Road admitted to having engaged in consensual sexual intercourse with his daughter on June 17, 2015.
This case was investigated by the BIA, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Follows The Road was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man, charged with Assault by Striking, Beating, and Wounding, pled guilty to and was sentenced on December 8, 2015, by U.S. Magistrate Judge Mark A. Moreno.
Arvin Red Bear, Sr., age 53, was sentenced to 12 months in custody, followed by 1 year of supervised release, and a special assessment of $25 to the Federal Crime Victims Fund. He was ordered to pay $78.02 in restitution.
The conviction stems from an incident that took place on June 29, 2014, when Red Bear, the victim, and another individual were all drinking together at Red Bear’s home in Thunder Butte, South Dakota. After a while, a verbal argument began between Red Bear and the victim. As the victim approached Red Bear’s residence, Red Bear came out from his house carrying a hatchet in one hand and a long hunting knife in the other. Upon seeing the weapons, the victim and the other individual turned around and began to walk away. As they were leaving, Red Bear rushed towards the victim, swinging the hatchet and striking him on the back of his right arm, just above the elbow. The victim turned around and began to wrestle with Red Bear, managing to pry the hatchet from Red Bear’s grasp and tossing it away. While they were wrestling, Red Bear also stabbed the victim in the face with the knife.
The victim left the scene and was transported to the Eagle Butte Indian Health Services emergency room. He ultimately received 8 sutures to his cheek, had two superficial wounds cleaned and bound, and was referred to Rapid City for the wound above his right elbow to check for possible nerve damage.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Agency. The case was prosecuted by Assistant U.S. Attorney Meghan N. Dilges.
Red Bear was remanded to the custody of the U.S. Marshals Service.
Hot Springs Woman Found Not GuiltyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Hot Springs, South Dakota, woman, Rebecca Sotherland, was found not guilty on December 8, 2015, of Deprivation of Rights Under Color of Law, Assault With a Dangerous Weapon, and Obstruction of a Federal Investigation after a federal jury trial in Rapid City. Sotherland was indicted on August 26, 2014.
The charges relate to an incident on August 15, 2014, at Manderson, when Sotherland, who was at the time an Oglala Sioux Tribe police officer, was arresting a man, in the course of which she repeatedly used her Taser.
The investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorneys Sarah Collins, Kevin Koliner, and Jared Fishman prosecuted the case.
Fort Thompson Man Sentenced for Felon in Possession of a FirearmRead the Press Release
United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on November 17, 2015, by U.S. District Judge Roberto A. Lange.
Roscoe Dan Witt, Jr., age 30, was sentenced to 27 months in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Witt was indicted by a federal grand jury on March 10, 2015. He pled guilty on August 25, 2015.
Witt was convicted of Assault with a Dangerous Weapon in 2004 and was sentenced to federal custody, followed by supervised release. As a convicted felon, Witt cannot possess any firearms. The current conviction stems from an incident on November 29, 2014, when a call was received at the Crow Creek Bureau of Indian Affairs (BIA) Police Department informing them that someone inside a cream colored Chevrolet Impala was shooting a gun around the old Fort Thompson area. A BIA officer was notified about the call, responded and saw the vehicle
He observed Witt by the driver side door. Witt was walking towards the front door of the store, but then turned around with his hand in his right pocket, opened the back door and put something into the vehicle.
The officer approached the driver side rear door and recovered a Premier 32 Smith and Wesson .32 Caliber handgun with the trigger locked back, as it was ready to be fired by pulling onto the trigger. Contact was made with Witt and he was placed into tribal custody. At the jail, officers recovered from Witt a .32 caliber casing.
The Division of Criminal Investigation laboratory confirmed that the .32 shell casing recovered from Witt was fired from the Premier 32 Smith and Wesson .32 Caliber handgun.
This case was investigated by the BIA. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Witt was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for Second Degree BurglaryRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on November 16, 2015, by U.S. District Judge Roberto A. Lange.
Jeryn Big Eagle, Sr., age 40, was sentenced to 27 months in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Big Eagle was indicted for Assault with a Dangerous Weapon and Domestic Assault by a Habitual Offender by a federal grand jury on May 12, 2015. He pled guilty to Assault with a Dangerous Weapon on August 24, 2015.
The conviction arose from a February 14, 2015, incident at the Veterans Center in Eagle Butte, when Big Eagle made accusations against the victim and then physically struck the victim about the face, head, and body multiple times with a closed fist. He then grabbed a red Razor scooter and struck the victim in the forehead.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Big Eagle was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Eagle Butte Man Sentenced for Assault with a Dangerous Weapon and Aiding and AbettingRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assault with a Dangerous Weapon and Aiding and Abetting was sentenced on November 3, 2015, by U.S. District Judge Roberto A. Lange.
Dezmond Two Hearts, age 19, was sentenced to 30 months in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Two Hearts was indicted for Assault with a Dangerous Weapon and Aiding and Abetting by a federal grand jury on April 14, 2015. He pled guilty on August 11, 2015.
The conviction arose from a March 6, 2015, incident when the victim told Two Hearts and his co-defendant that he did not have any money to lend them. Two Hearts then punched the victim in the face with his fist, and kicked and stomped him in the face and head area with shod feet. Two Hearts and his co-defendant took turns assaulting the victim.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Jay Miller prosecuted the case.
Two Hearts was immediately turned over to the custody of the U.S. Marshals Service.
Selby Man Pleads Guilty to Sexual Exploitation of a Child and Distribution of Material Involving the Sexual Exploitation of MinorsRead the Press Release
United States Attorney Randolph J. Seiler announced that Christopher R. Jansen, age 35, of Selby, South Dakota, appeared before United States District Judge Roberto A. Lange on November 17, 2015, and pled guilty to a Superseding Indictment charging him with Sexual Exploitation of a Child and Distribution of Material Involving the Sexual Exploitation of Minors.
The maximum penalty upon conviction is up to 50 years in prison and/or a $250,000 fine, a period of supervised release of five years up to life, $200 in special assessments, and restitution.
The defendant was an attorney who has worked in central South Dakota. He lived and worked in Walworth County, where he maintained a law firm in Mobridge and a residence in Selby. He was the Walworth County State’s Attorney from approximately 2009 to 2012. The defendant has had a professional attorney-client relationship with a family from central South Dakota, and the minor victims identified in the Superseding Indictment are members of that family. He represented the family on family law related matters. The defendant befriended the client’s family and developed a relationship with the minors. The defendant visited their home, the family visited the defendant’s home, and there were situations where the defendant stayed overnight with the children.
Regarding the charge of Sexual Exploitation of a Child, the defendant engaged in repeat acts of sex with one of the children. The defendant had sexual encounters with the child for approximately 2 years. The defendant videotaped about 8 of these encounters, and he maintained these videos on his media within his Selby home. The defendant also produced 6 to 7 images of these encounters and maintained those images on his computer media at his home. The defendant engaged in other sexual encounters with another minor in his client’s family, and he produced videos and images related to sexual acts and sexual contact with at least two of the minors.
The defendant refers to himself as a pedophile and indicated he has been dealing with his attraction to and acting out upon minors for a number of years. The defendant knows his attraction to minors is illegal. He loses control at times and that is when he molests minors. Sometimes he satisfies his desire for children by looking at child pornography.
Regarding the charge of Distribution of Material Involving the Sexual Exploitation of Minors, the defendant was a member of a website that is used to distribute child pornography. The website is an online bulletin board whose primary purpose is the advertisement and distribution of child pornography. The website requires its users to continually upload child pornography in order to gain and keep membership. Since at least December 2013, the defendant was a member of the website and has himself distributed materials containing child pornography, including both materials that involve the family, as well as other child pornography. On the website, the defendant indicated he was interested in boys in the age range of 5 to 12 years old. The defendant used an image of his client’s child as his avatar picture on the website. Law enforcement officers observed images available on the website which establish that the defendant shared images of his client’s child, and the distribution of those materials affected interstate and foreign commerce and were distributed by the use of a computer. The defendant came to possess other images and videos of child pornography as he liked to view images and videos of prepubescent males. The defendant last utilized this child pornography sharing website on approximately Sunday, July 27, 2014, before his arrest by state and federal law enforcement officers two days later on July 29, 2014.
“Some of the most important work we do is prosecuting child pornography cases. These are vicious and dangerous crimes, committed by dark and demonized individuals,” said Seiler. “This case was made even more disturbing by the fact that Jansen was a trusted professional who took advantage of his client’s family, and groomed those children to be his victims. His admission of guilt will take one more predator off the streets.”
The investigation is being conducted by the Federal Bureau of Investigation, the South Dakota Division of Criminal Investigation, with assistance from the Walworth County Sheriff’s Office and the Mobridge Police Department. Assistant U.S. Attorney Tim Maher and Keith Becker, a Trial Attorney with the Child Exploitation and Obscenity Section of the Department of Justice, are prosecuting the case.
On September 25, 2015, Jansen was sentenced in Hughes County state court to serve 50 years in prison for two separate convictions of first degree rape.
A presentence investigation report was ordered and a sentencing date will be set in Pierre, South Dakota. The defendant was remanded to the custody of the U.S. Marshals Service pending further hearings.
Former Middle School Teacher Sentenced for Illegal Use of the InternetRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Attempted Enticement of a Minor Using the Internet was sentenced on November 16, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Andrew Hiipakka, age 28, was sentenced to 25 years of imprisonment, followed by life of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. He is also ordered to forfeit an LG cell phone, two Toshiba laptop computers, one Cisco computer modem, one HP laptop computer, one Netger computer router, one Dell laptop computer, and one Apple iPhone.
Between November 2013 and August 2014, at Rapid City, Hiipakka knowingly received and possessed computer files containing images of child pornography.
During the execution of the search warrant, numerous items of evidence were located and seized, including several electronic storage devices and computers. Investigators found thousands of images of child pornography, many of which depicted children under the age of 12 years, and images of violence and sadism. There were also many instances of the Defendant distributing these images to other individuals utilizing the Internet.
In addition, investigators located over one thousand internet “chats” during which the Defendant would receive and distributes images of child pornography. During some of the chats, the Defendant would engage with persons he was told were under the age of 18, and he would convince them to expose their genitalia and perform sexual acts and then distribute those images to the Defendant.
This case also had international implications. Information from this investigation was sent to Homeland Security Investigations’ London attaché office, resulting in an 18-year sentence for a man manufacturing child pornography in England, who had been corresponding with Andrew Hiipakka.
The investigation was conducted by the South Dakota Internet Crimes Against Children Taskforce. Other law enforcement partners involved in the case were the Rapid City Police Department, Pennington County Sheriff's Office, and Homeland Security Investigations. Assistant U.S. Attorney Sarah Collins prosecuted the case.
Hiipakka was immediately turned over to the custody of the U.S. Marshal's Service.
North Dakota Woman Acquitted of IncestRead the Press Release
United States Attorney Randolph J. Seiler announced that a Fort Yates, North Dakota, woman was acquitted of Incest as a result of a federal jury trial in Aberdeen, South Dakota, on November 4, 2015.
Linda McLaughlin, age 40, was indicted by a federal grand jury on July 14, 2015.
The charge stemmed from an alleged incident which occurred in June of 2015, when McLaughlin allegedly had a sexual relationship with her father.
The investigation was conducted by the Bureau of Indian Affairs, Standing Rock Agency and the U.S. Attorney's Office prosecuted the case.
Media AdvisoryRead the Press Release
The United States Attorney’s Office (USAO), the South Dakota Attorney General, and other law enforcement partner agencies will hold a press conference on Monday, November 16, 2015, at the Andrew W. Bogue Federal Building in Rapid City, South Dakota.
Discussed will be the sentencing of Andrew Hiipakka, a former middle school teacher convicted of Attempted Enticement of a Minor Using the Internet; the law enforcement collaboration that led to the prosecution; and continuing efforts to combat child pornography.
WHO: Sarah Collins: U.S. Attorney’s Office, Senior Litigation Counsel
Gregg Peterman: Supervisory Assistant U.S. Attorney
Marty Jackley: South Dakota Attorney General
Brent Gromer: Internet Crimes Against Children Task Force Commander
Captain James Johns: Rapid City Police Department, Criminal Investigation Division
Captain Corey Brubakken: Pennington County Sheriff’s Office
Mark Stewart: Homeland Security Investigations, Resident Agent in Charge
Michael Diaz: Homeland Security Investigations, Special Agent
WHAT: Press Conference
WHEN: Monday, November 16, 2015, at approximately 4:45 p.m. MST - or immediately following the sentencing. Sentencing is scheduled for 3:00 p.m. (Exact start time of press conference is dependent upon completion time of sentencing.)
WHERE: USAO Conference Room, located on the 2nd Floor of the Federal Building. Address is 515 Ninth Street, Rapid City.
SECURITY: All media must enter through the first floor lobby. Media will be required to go through security and present a government-issued photo ID. Audio and video recording devices are allowed only in the press conference location, and the use of these devices is prohibited anywhere else in the federal building.
Press inquiries regarding logistics should be directed to Ace Crawford at 605.341.1915 or 605.838.6092.
Mobridge Man Sentenced for Distribution of MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mobridge, South Dakota, man convicted of Distribution of a Controlled Substance was sentenced on November 2, 2015, by U.S. District Judge Charles B. Kornmann.
Troy Thompson, age 43, was sentenced to 24 months in custody, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Thompson was indicted by a federal grand jury on February 18, 2015. He pled guilty on June 22, 2015.
The conviction arose from incidents in May and June of 2014, when law enforcement made two controlled buys of methamphetamine from Thompson. During the first buy, Thompson sold 2.22 grams of methamphetamine for $500.00 to a confidential informant. For the second buy, Thompson sold the confidential informant .57 grams of methamphetamine for $200.00. Thompson’s supplier was Aaron Sackreiter. Sackreiter fronted Thompson the methamphetamine, after which Thompson would sell it, and then give the money to Sackreiter. Sackreiter, in turn, would give Thompson some of the money back as payment for selling the methamphetamine. Sackreiter is scheduled to be sentenced on January 4, 2016.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force and the Mobridge Police Department. Assistant U.S. Attorney Jay Miller prosecuted the case.
Thompson will report to the U.S. Marshals Service on November 24, 2015, to begin serving his sentence.
McLaughlin Man Sentenced for Assault with a Dangerous Weapon and Failure to AppearRead the Press Release
United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Assault with a Dangerous Weapon and Failure to Appear was sentenced on November 2, 2015, by U.S. District Judge Charles B. Kornmann.
Adam Weasel, age 20, was sentenced to 12 months in custody for Assault with a Dangerous Weapon and 6 months in custody for Failure to Appear, to be served consecutively; followed by 3 years of supervised release on each count, to be served concurrently; and a $200 special assessment to the Federal Crime Victims Fund.
Weasel was indicted for First Degree Burglary, Assault with a Dangerous Weapon, and Third Degree Burglary by a federal grand jury on June 23, 2014. A Superseding Information was filed on July 28, 2015, charging Weasel with Assault with a Dangerous Weapon and Failure to Appear. He pled guilty to the Superseding Information on August 3, 2015.
The conviction for Assault with a Dangerous Weapon arose from a June 22, 2013, incident at McLaughlin, when Weasel and two co-defendants forcibly entered a residence and assaulted some of the home’s occupants, kicking one of them while he was on the ground. Weasel joined in physical altercations between his co-defendants and several victims. Weasel was indicted for his role in the burglary and assault.
After his initial appearance, he was released on his own personal recognizance subject to various terms and conditions. He was later ordered to appear in federal court on January 30, 2015, to address an alleged bond violation. Weasel failed to appear for the hearing and a warrant was issued for his arrest. Weasel was not arrested on the warrant until April 23, 2015.
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Jay Miller prosecuted the case.
Weasel was immediately turned over to the custody of the U.S. Marshals Service.
McLaughlin Man Sentenced for Abusive Sexual Contact of a MinorRead the Press Release
United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Abusive Sexual Contact of a Minor was sentenced on November 2, 2015, by U.S. District Judge Charles B. Kornmann.
Patrick Red Legs, age 21, was sentenced to 24 months in custody, followed by 10 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Red Legs was indicted by a federal grand jury on August 14, 2014. He pled guilty on November 3, 2014.
The conviction stemmed from an incident on June 12, 2014, when an officer with the Bureau of Indian Affairs (BIA) responded to a call for assistance at a house in Little Eagle. Upon arrival, the officer made contact with another BIA officer and the 13-year-old victim, who reported that Red Legs had recently asked her to go drinking with him. The victim had agreed and they began to drink and playfully push each other, at which time Red Legs grabbed her and began to kiss her. The victim tried to push him away, but could not. Later in the evening, the victim was lying on a bed and Red Legs was sitting beside her. He started to kiss her again and began to rub her body. After a short amount of time, Red Legs placed his hands inside the victim’s leggings and underwear.
This case was investigated by the BIA, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Red Legs was immediately turned over to the custody of the U.S. Marshals Service.
Lower Brule Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man convicted of Assaulting, Resisting and Impeding a Federal Officer and Assault Resulting in Substantial Bodily Injury to a Spouse was sentenced on November 2, 2015, by U.S. District Judge Roberto A. Lange.
Ronald Desheuquette, age 57, was sentenced to 14 months in custody, followed by 2 years of supervised release on each count to be served concurrently, and a special assessment of $200 to the Federal Crime Victims Fund.
Desheuquette was indicted by a federal grand jury on May 12, 2015. He pled guilty on August 11, 2015.
The conviction stemmed from an incident on November 29, 2014, when a Bureau of Indian Affairs officer was called to a residence in Lower Brule advising that a woman had been assaulted. When the officer arrived on scene, he found Desheuquette’s wife with blood on her head and hands, and a cut to her head that required staples to close. Desheuquette had struck his wife with his fists several times causing the injury.
The officer then proceeded to arrest Desheuquette on domestic abuse charges. He was transported to the Lower Brule Correctional Facility, and was booked. The officer began to fill out custody request forms, and Desheuquette was making verbal threats towards the officer. Desheuquette then walked up to the officer, while wearing shoes, and intentionally kicked the officer in the lower back.
This case was investigated by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Desheuquette was immediately turned over to the custody of the U.S. Marshals Service.
Porcupine Woman Sentenced for False StatementRead the Press Release
United States Attorney Randolph J. Seiler announced that a Porcupine, South Dakota, woman convicted of False Statement was sentenced on October 28, 2015, by U.S. District Chief Judge Jeffrey L. Viken.
Danishia Marshall, age 20, was sentenced to 10 months in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Marshall was indicted by a federal grand jury on December 16, 2014. She pled guilty on June 11, 2015.
The conviction stemmed from an incident on September 27, 2013, when a call came into the Pine Ridge Police Department indicating that Marshall was intoxicated and would not allow relatives to care for her infant baby. An officer responded and upon investigation, Marshall was placed under arrest on a tribal charge.
The officer arrived at the Kyle jail with Marshall, and during the booking process, she appeared to have an asthma attack. The officer then transported Marshall to the Indian Health Services hospital in Pine Ridge, and while enroute, Marshall slumped over in the back seat. The officer was concerned for her health, and radioed for an ambulance. The ambulance took custody of Marshall, and the officer followed the ambulance to the hospital.
While in the ambulance, Marshall made an allegation of sexual assault against the officer. She reported it to tribal police and had a sexual assault examination at the hospital.
On October 3, 2013, Marshall was interviewed by a Federal Bureau of Investigation (FBI) agent. During the interview, Marshall falsely told the agent she was raped and sodomized by the officer. When Marshall made these statements to the ambulance crew, medical staff, tribal police, and the FBI, Marshall knew the statements were false. She knew that the officer had not sexually assaulted her, and that she had falsely accused an innocent man of a crime.
This case was investigated by the FBI. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Marshall was immediately turned over to the custody of the U.S. Marshals Service.
Fort Thompson Man Acquitted of Robbery and AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man was acquitted of Robbery, Assault Resulting in Serious Bodily Injury, and Assault by Strangulation and Suffocation as a result of a federal jury trial in Pierre, South Dakota, on October 28, 2015.
Jami Walking Bull, age 35, was indicted by a federal grand jury on August 11, 2015
The charges stemmed from an alleged incident that occurred on May 12, 2015, when Walking Bull allegedly robbed and assaulted a man on the Crow Creek Indian Reservation.
The investigation was conducted by the Bureau of Indian Affairs, Crow Creek Agency and the U.S. Attorney's Office prosecuted the case.
Tribal Executives Indicted in Embezzlement SchemeRead the Press Release
United States Attorney Randolph J. Seiler announced that five current and former executives, and one employee, of the Sisseton Wahpeton Oyate Tribe’s Big Coulee District were indicted by a federal grand jury on October 6, 2015. The charges include Conspiracy to Commit Embezzlement from an Indian Tribal Organization and two counts of Embezzlement from an Indian Tribal Organization.
Those indicted are as follows:
Carrie Godfrey, age 49, of Sisseton, South Dakota, was Treasurer of the District Executive Board from January 2007 to January 2011, and Secretary of the Board from January 2011 through January 2015.
Gerald German, Jr., age 44, of Peever, South Dakota, was Chairman of the District Executive Board from January 2007 through January 2015.
Ann German, age 57, of Peever, South Dakota, is currently the Big Coulee District Coordinator.
Calvin Max, Sr., age 48, of Sisseton, South Dakota, has been Vice Chairman of the District Executive Board since January 2011.
Gerald Heminger, Jr., age 56, of Sisseton, South Dakota, was Vice Chairman of the District Executive Board from January 2007 to January 2011.
Colette White, age 55, of Peever, South Dakota, has been Treasurer of the District Executive Board since January 2011.
All six appeared before U.S. Magistrate Judge William D. Gerdes in Aberdeen, on October 16, 2015, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, followed by 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that the defendants caused checks to be issued on the District’s bank accounts to themselves, to allegedly pay for home repairs and to assist them in paying their income tax liability incurred as a result of the stipends they earned as District executives. None of the checks were properly authorized, and the defendants used the Tribe’s money for their own purposes.
The charges are merely accusations and the defendants are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the financial crime investigator at the U.S. Attorney’s Office. Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.
The defendants were released pending trial. Trial is scheduled for December 15, 2015.
Sioux Falls Man Sentenced in Dacotah Bank RobberyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man convicted of Bank Robbery was sentenced on October 26, 2015 by U.S. District Judge Karen E. Schreier.
Rickey Daniel Starks, age 45, was sentenced to 48 months in custody, to be followed by 3 years of supervised release. He was also ordered to pay over $8,700 in restitution.
Starks was indicted by a federal grand jury on March 17, 2015. He pled guilty to Bank Robbery on June 30, 2015.
On March 5, 2015, the Sioux Falls Police Department responded to an armed robbery call at Dacotah Bank on East 10th Street in Sioux Falls. Information relayed to the officers was that a man walked in the front door of the bank wearing quite distinctive clothing, a ski mask and carrying a backpack. He demanded money and waved what appeared to be a gun in the air. Video from the bank’s surveillance cameras confirmed the information the police had received. Portions of the video were released to the local news media and several sources contacted law enforcement indicating the robber’s identity.
This case was investigated by the Sioux Falls Police Department, South Dakota Highway Patrol, and the Federal Bureau of Investigation. Assistant U.S. Attorney Dennis R. Holmes prosecuted the case.
Starks was immediately turned over to the custody of the U.S. Marshals Service.
Miller Man Indicted for Attempted Sex TraffickingRead the Press Release
United States Attorney Randolph J. Seiler announced that a Miller, South Dakota, man has been indicted by a federal grand jury for attempted Commercial Sex Trafficking of a Child and Attempted Enticement of a Minor Using the Internet.
Joseph Raleigh, age 34, was indicted on October 20, 2015. He appeared before U.S. Magistrate Judge Mark Moreno on October 21, 2015, and pled not guilty to the Indictment.
The penalty upon conviction is a mandatory minimum of 10 years in custody up to a maximum of life in prison, up to a $250,000 fine, supervised release of not less than 5 years and up to life, and a $5,000 assessment to the Domestic Trafficking Fund. Restitution may also be ordered.
The Indictment alleges that on October 16, 2015, in South Dakota, Raleigh did knowingly attempt to solicit a child to engage in a commercial sex act. It is alleged he used the Internet to attempt to engage in the commercial sex act.
The charges are merely an accusation and Raleigh is presumed innocent until and unless proven guilty.
The investigation is being conducted by the South Dakota Division of Criminal Investigation, U.S. Marshals Service, South Dakota Internet Crimes Against Children Task Force, and the Pierre Police Department. Assistant U.S. Attorneys Kirk Albertson and Tim Maher are prosecuting the case.
Raleigh was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Judgment Granted Against Two Individuals Who Defrauded the Government Under U.S. Forest Service ContractsRead the Press Release
United States Attorney Randolph J. Seiler announced that civil judgment has been entered against Aurelio Munoz-Escalante, d/b/a Black Hills Thinning, of Rapid City, South Dakota, and Sergio Munoz-Escalante, d/b/a SM Logging & Services, of Hermosa, South Dakota, in the amounts of $759,999.12 and $458,374.02, respectively.
The monetary awards consist of treble damages and 44 separate penalties for employing undocumented aliens in U.S. Forest Service contract work related to thinning unhealthy timber in the Black Hills National Forest. Federal contracts do not permit work to be done by undocumented aliens. These contractors submitted invoices for payment, which falsely certified that the work was performed by legal workers.
The False Claims Act imposes treble damages and penalties liability on persons and companies who knowingly submit false claims to the government.
The U.S. Attorney’s Office places a high priority on criminal and civil cases involving all types of fraud committed against the government. As a result of investigations conducted by the U.S. Immigration and Customs Enforcement’s Homeland Security, in cooperation with the U.S. Forest Service, Rapid City Police Department, Pennington County Sheriff’s Office, South Dakota Division of Criminal Investigation, Custer County’s Sheriff’s Office, U.S. Department of Labor, and other federal and state law enforcement agencies, the U.S. Attorney’s Office was able to obtain criminal convictions for this fraudulent conduct. The civil lawsuit followed, which resulted in this judgment.
Civil settlements (totaling $455,000) were reached in November 2014 involving five other individuals: Angel Munoz-Escalante and Barbara Munoz, d/b/a Munoz Logging and Construction Company ($375,000); Rogelio Escalante Sr., d/b/a Escalante Logging and Services ($50,000); Rogelio Escalante Jr., d/b/a Escalante Logging and Thinning Company ($15,000); and Raul Munoz, d/b/a R Munoz Thinning ($15,000)).
All of these False Claim cases involving fraud committed against the U.S. Forest Service were handled by Assistant U.S. Attorney Cheryl Schrempp DuPris. The total civil recovery obtained by the United States Attorney’s Office amounts to $1,673,373.10.
Upcoming Conference to Highlight the Rights of People with DisabilitiesRead the Press Release
Over 55 million Americans—nearly 20 percent of our population—live with a disability. This year commemorates the 25th anniversary of the passage of the Americans with Disabilities Act, the federal law that requires businesses, public services, and telecommunications to provide reasonable accommodations to people with disabilities.
The ADA was the result of a civil rights movement that continues in full force today. It was not so long ago that people with disabilities were regularly marginalized and separated from mainstream society, ridiculed as though living with physical or mental disabilities is not challenging enough.
Many trace the roots of the civil rights movement for people with disabilities back to World War I, when veterans returning with disabilities demanded that the government provide rehabilitation for the sacrifices they made in service to our nation. World War II brought with it another wave of returning veterans who again made disability issues visible to a nation indebted to them for their service.
Without federal legislation, however, people with disabilities still lacked the basic rights necessary for independence and self-reliance, and they were not afforded fair employment and economic opportunities.
As the 1960s civil rights movement spread across the nation, disability advocates seized the opportunity to join other minority groups, and an organizational structure emerged that focused the movement toward national goals, such as federal legislation to address physical and social barriers. In 1973, the Rehabilitation Act was passed, requiring equal employment opportunities and prohibiting discrimination against people with physical or mental disabilities within the federal government. These protections were extended to cover federally funded programs and public services.
In 1975, the Education for All Handicapped Children Act was passed, guaranteeing equal access to public education for children with disabilities. And in 1990, it was further refined into the Individuals with Disabilities Education Act, which mandated full inclusion of children with disabilities.
With those successes in hand, the movement turned toward equal treatment of people with disabilities more broadly, seeking an enforceable right to full participation and integration in all levels of society. When the ADA was signed into law in 1990, our nation made a bold statement to itself and to the rest of the world, that people with disabilities are entitled to equal access to employment opportunities, public services, places of public accommodation, transportation, and telecommunications services.
Of course, passing a federal law does not remedy problems overnight. Over the years, many battles have been fought to enforce the demands of the ADA, and many still remain.
As the state’s chief federal law enforcement official, I am keenly aware that many question the federal government’s role and its priorities. But this should be beyond dispute: ours is a nation committed to ensuring that people with disabilities are able to lead independent, satisfying lives. Along with the Department of Justice, I stand by the commitment to enforce laws that foster that goal.
Please join us on October 21 at a Disability Rights Conference in Sioux Falls, which is free and open to the public. Speakers include Heather Abbott, a survivor of the Boston Marathon bombing, South Dakota native and Iraq War Veteran Corey Briest and his wife Jenny Briest, and South Dakota State Senator Billie Sutton and his wife, Kelsea Kenzy Sutton. For more information, please visit the conference link at: www.avera.org/disabilitiesconference