District of South Dakota
Press releases recorded for this federal judicial district.
Six Indicted in Fraudulent Tax Refund SchemeRead the Press Release
United States Attorney Brendan V. Johnson announced that six individuals have been indicted by a federal grand jury for Conspiracy to Defraud the United States and Aggravated Identity Theft.
Donta J. Moore, age 28, of Kansas City, MO; Timothy L. Brister, Jr., age 29, of Tampa, FL; Undra Stewart Franks, age 27, of Little Rock, AR; Jennifer Robinson, age 25, of Fargo, ND; Shawnte Washington, age 31, of Tampa, FL; and Anna Weber, age 27, of West Fargo, ND, were indicted on February 4, 2014.
Franks appeared before U.S. Magistrate John E. Simko on February 12, 2014, and pled not guilty to the Indictment. The others have been arrested and will make their first court appearance in Sioux Falls in early March.
The maximum penalty upon conviction of the conspiracy offense is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered. The aggravated identity theft offense carries a mandatory sentence upon conviction of 2 years in custody consecutive to any other sentence.
The indictment charges that the defendants conspired to defraud the United States by using personal identifying information, including names, Social Security numbers, and dates of birth, stolen from others to file fraudulent income tax returns which claimed false income tax refunds. The indictment also charges Moore, Brister, Franks, Robinson, and Washington with one count each of transferring, using or possessing the name, date of birth or Social Security number of other persons in relation to stealing or embezzling money from the United States government.
The charges are merely accusations and the defendants are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Internal Revenue Service – Criminal Investigation. The Moorhead, MN, police department and the U.S. Secret Service also aided in the investigation. Assistant U.S. Attorney John E. Haak is prosecuting the case.
Franks was released pending trial. A trial date has not been set.
Porcupine Man Sentenced for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Porcupine, South Dakota, man convicted of Assault by Striking, Beating, or Wounding was sentenced on February 27, 2014, by U.S. Magistrate Judge Veronica L. Duffy.
Leo Kills Back, age 32, was sentenced to one year in custody, one year of supervised release, and ordered to pay a $25 special assessment to the Federal Crime Victims Fund.
Kills Back was indicted for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury by a federal grand jury on September 24, 2013. He pled guilty to Assault by Striking, Beating, or Wounding on December 12, 2013.
The conviction relates to Kills Back hitting his sister several times on the head with a shovel on July 20, 2013, at Evergreen.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Kills Back was immediately turned over to the custody of the U.S. Marshals Service.
California Man Sentenced for Transportation for ProstitutionRead the Press Release
United States Attorney Brendan V. Johnson announced that a Los Angeles, California, man convicted of Transportation for Prostitution was sentenced on March 3, 2014, by U.S. District Judge Karen E. Schreier.
Joe Charles Becker, age 33, was sentenced to 15 months in custody. He will also be required to register as a sex offender and be on supervised release for 5 years.
Becker was indicted by a federal grand jury on August 13, 2013, for Transportation for Prostitution, Inducing Travel to Engage in Prostitution, and Sex Trafficking. He pled guilty to the charge of Transportation for Prostitution on November 26, 2013.
On August 3, 2013, the Sioux Falls Police Department learned that Becker was posting advertisements on the Internet for prostitution. Becker met the 20 year-old victim in Minneapolis, Minnesota, and paid for her bus ticket to Sioux Falls for the purpose of engaging in illegal commercial sex acts in Sioux Falls. The woman involved reported the prostitution activity to the police after she fled the hotel. When police went to Becker’s hotel, they found him with almost $7,000 in cash, and a computer and cell phone used to post the advertisements for prostitution.
This case was investigated by the Sioux Falls Police Department and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Becker was immediately turned over to the custody of the U.S. Marshals Service.
Wounded Knee Men Charged with Theft of A Cow and CalfRead the Press Release
United States Attorney Brendan V. Johnson announced that two Wounded Knee, South Dakota, men have been indicted by a federal grand jury for Larceny.
Richard Daniel Ecoffey, a/k/a George Ecoffey, age 50, and Eugene Hunts Horses, Jr., age 43, were indicted on February 19, 2014. They appeared before U.S. Magistrate Judge Veronica L. Duffy on February 25, 2014, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Ecoffey and Hunts Horses stealing a cow and calf from another man on February 9, 2013, near Manderson.
The charges are merely accusations and Ecoffey and Hunts Horses are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
Ecoffey and Hunts Horses were released on bond pending trial. A trial date has been set for May 6, 2014.
Pine Ridge Woman Charged with Health Care FraudRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, woman has been indicted by a federal grand jury for False Statements Relating to Health Care Matters and Attempt to Obtain Controlled Substance by Fraud.
Jamie Wounded Arrow, age 26, was indicted on February 19, 2014. She appeared before U.S. Magistrate Judge Veronica L. Duffy on February 24, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction on either count is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Wounded Arrow presenting a falsified prescription for Hydrocodone to the Indian Health Services Pharmacy in Pine Ridge on October 16, 2013.
The charges are merely accusations and Wounded Arrow is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Department of Health and Human Services, Office of the Inspector General. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Wounded Arrow was released on bond pending trial. A trial date has been set for April 29, 2014.
Nisland Woman Charged with Theft of Another Person’s IdentityRead the Press Release
United States Attorney Brendan V. Johnson announced that a Nisland, South Dakota, woman has been indicted by a federal grand jury for Access Device Fraud, False Statement on Application, and Fraudulent use of Social Security Number.
Glenda Suhr, a/k/a Glennda Suhr, a/k/a Glenda Currier, age 59, was indicted on February 19, 2014. She appeared before U.S. Magistrate Judge Veronica L. Duffy on February 26, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Suhr fraudulently acquiring the social security account number of another person and using the number to receive social security benefits between 2010 and 2013.
The charges are merely accusations and Suhr is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Department of Social Security, Office of the Inspector General. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
Suhr was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for May 6, 2014.
Kyle Man Charged with Health Care FraudRead the Press Release
United States Attorney Brendan V. Johnson announced that a Kyle, South Dakota, man has been indicted by a federal grand jury for Theft in Connection with Health Care, Health Care Fraud, False Statements Relating to Health Care Matters and Acquiring Controlled Substances by Fraud.
Dean L. Hodges, age 59, was indicted on February 19, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on February 24, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $400 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Hodges, while a pharmacist at the Indian Health Services Pharmacy, falsifying pharmacy records and taking Hydrocodone and Codeine for his own use between January and October 2013.
The charges are merely accusations and Hodges is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Department of Health and Human Services, Office of the Inspector General. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
Hodges was released on bond pending trial. A trial date has been set for April 29, 2014.
St. Francis Man Sentenced for Simple AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man charged with Simple Assault pled guilty to and was sentenced on February 25, 2014, by U.S. Magistrate Judge Mark A. Moreno.
Samuel White Lance, age 22, was sentenced to 6 months in custody and $10 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on October 8, 2013, into the morning hours of October 9, 2013, when White Lance and the victim were arguing. White Lance grabbed a paring knife with a 3 to 4 inch blade and stabbed the victim in the left hand and stomach. The victim left the scene to seek help, and White Lance followed the victim and stabbed him once in the chest. The victim was not seriously injured.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.
White Lance was remanded to the custody of the U.S. Marshals Service.
Mission Man Charged with Assaulting, Resisting, Opposing, and Impeding A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, Opposing, and Impeding a Federal Officer.
John Arcoren III, a/k/a Smokey Arcoren, age 33, was indicted on February 12, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 24, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge stems from an incident that took place on January 11, 2014, when Arcoren assaulted a law enforcement officer causing bodily injury.
The charge is merely an accusation and Arcoren is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher is prosecuting the case.
Arcoren was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Arizona Man Sentenced in Methamphetamine ConspiracyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rio Rico, Arizona, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on February 24, 2014 by U.S. District Judge Karen E. Schreier.
Eduardo Martinez-Torres, age 30, was sentenced to 135 months in prison to be followed by 5 years of supervised release.
Martinez-Torres was indicted on the conspiracy charge by a federal grand jury on June 4, 2013, and he pled guilty on November 13, 2013.
During his involvement in the conspiracy, Martinez-Torres shipped methamphetamine to a co-conspirator in Sioux Falls, who in turn distributed it. He also collected payment for methamphetamine he had previously shipped.
This case was investigated by the South Dakota Division of Criminal Investigation and the U.S. Drug Enforcement Administration. Assistant U.S. Attorney John E. Haak prosecuted the case.
Martinez-Torres was immediately turned over to the custody of the U.S. Marshals Service.
St. Francis Man Charged with First Degree Murder, Kidnapping, Interstate Transportation of A Stolen Motor Vehicle and LarcenyRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for First Degree Murder, Kidnapping, Interstate Transportation of a Stolen Motor Vehicle and Larceny.
Riley McCloskey, age 20, was indicted on February 12, 2014, in a Superseding Indictment. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 21, 2014, and pled not guilty to the Superseding Indictment. McCloskey was originally indicted on two counts of Second Degree Murder, Aiding and Abetting on January 7, 2014.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to incidents that occurred between December 23, 2013, and December 24, 2013. McCloskey and others were charged with unlawfully killing two victims during the perpetration of kidnappings, and aiding and abetting each other in the commission of the offenses. One of the victims was strangled until he was unconscious and then stabbed in the chest with a screwdriver. The second victim was assaulted and also stabbed in the chest with a screwdriver. McCloskey is also alleged to have stolen a motor vehicle and driven it from Nebraska across the state line into South Dakota.
The charges are merely accusations and McCloskey is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, the Rosebud Sioux Tribe Law Enforcement Services, and the Cherry County, Nebraska Sheriff’s Office. Assistant U.S. Attorney Marie H. Ruettgers is prosecuting the case.
McCloskey was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
St. Francis Man Charged with Assaulting, Resisting, Opposing and Impeding A Federal Officer and Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, Opposing and Impeding a Federal Officer, and Assault with a Dangerous Weapon.
Riley McCloskey, age 20, was indicted on February 12, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 21, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to an incident that occurred on December 31, 2013, when McCloskey assaulted a law enforcement officer and a second victim with a knife.The charge is merely an accusation and McCloskey is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Marie H. Ruettgers is prosecuting the case.
McCloskey was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
California Man Sentenced in Marijuana Distribution ConspiracyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Korbel, California, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on February 24, 2014, by U.S. District Judge Karen E. Schreier.
Brett Aaron McFarland, age 29, was sentenced to 60 months in prison, to be followed by 4 years of supervised release.
McFarland agreed to forfeit to the United States all his interest in the proceeds of the sale of real property located in Petrolia, California, which he acquired as a result of his illegal activities.
McFarland was indicted for Conspiracy to Distribute More Than 100 Kilograms of Marijuana and Conspiracy to Commit Money Laundering on September 10, 2013. He pled guilty to the distribution conspiracy on November 12, 2013, and the other charge was dismissed at sentencing.
McFarland joined a conspiracy to illegally distribute marijuana in South Dakota and elsewhere. During his involvement, he grew, harvested, and obtained marijuana, illegally distributed it, caused it to be illegally delivered and distributed, and received payments for it. Marijuana was grown and harvested, among other places, on the real property in California, and then illegally sold. The proceeds of the marijuana sales were used to make payments on the real property.
This case was investigated by the U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) in both South Dakota and California, and the Internal Revenue Service, Criminal Investigations. Assistant U.S. Attorney Connie Larson prosecuted the case.
McFarland is to turn himself in to begin his sentence on or before March 13, 2014.
California Man Sentenced in Marijuana Distribution ConspiracyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Korbel, California, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on February 24, 2014, by U.S. District Judge Karen E. Schreier.
Brett Aaron McFarland, age 29, was sentenced to 60 months in prison, to be followed by 4 years of supervised release.
McFarland agreed to forfeit to the United States all his interest in the proceeds of the sale of real property located in Petrolia, California, which he acquired as a result of his illegal activities.
On September 10, 2013, McFarland was indicted for Conspiracy to Distribute More Than 100 Kilograms of Marijuana and Conspiracy to Commit Money Laundering. He pled guilty to the distribution conspiracy charge on November 12, 2013, and the other charge was dismissed at sentencing.
McFarland joined a conspiracy to illegally distribute marijuana in South Dakota and elsewhere. During his involvement, he grew, harvested, and obtained marijuana, illegally distributed it, caused it to be illegally delivered and distributed, and received payments for it. Marijuana was grown and harvested, among other places, on the real property in California, and then illegally sold. The proceeds of the marijuana sales were used to make payments on the real property.
This case was investigated by the U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) in both South Dakota and California, and the Internal Revenue Service, Criminal Investigations. Assistant U.S. Attorney Connie Larson prosecuted the case.
McFarland is to turn himself in to begin his sentence on or before March 13, 2014.
North Carolina Man Charged with Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Roanoke Rapids, North Carolina, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Shawn George, a/k/a Shaun George, age 38, was indicted on February 19, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 21, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, life of supervised release, and $100 to the Federal Crime Victims Fund.
On or about February 2, 2014, until February 7, 2014, George, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under state law, and having moved in interstate commerce, did knowingly fail to register and update his registration.
The charge is merely an accusation and George is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
George was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Oglala Man Sentenced for Felony Child Abuse and NeglectRead the Press Release
United States Attorney Brendan V. Johnson announced that an Oglala, South Dakota, man convicted of Felony Child Abuse and Neglect was sentenced on February 20, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Yellow Hawk was immediately turned over to the custody of the U.S. Marshals Service.
Norman Yellow Hawk, age 48, was sentenced to 10 years of imprisonment, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Between January and December 2007, in Allen, South Dakota, Yellow Hawk knowingly sexually abused one of his children.
The investigation was conducted by the Federal Bureau of Investigation. The sentencing was handled by Supervisory Assistant U.S. Attorney Gregg S. Peterman.
McLaughlin Man Charged with Assault with A Dangerous Weapon and Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
River Grey Bull, age 19, was indicted on February 12, 2014. He appeared before U.S. Magistrate Judge William D. Gerdes on February 18, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Grey Bull is alleged to have assaulted a man with a knife in January 2014. The charge is merely an accusation and Grey Bull is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy Morley is prosecuting the case.
Grey Bull was released on bond. A trial date has not been set.
Eagle Butte Man Charged with Assaulting, Resisting and Impeding A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting and Impeding two federal contract officers.
William Pay Pay, age 51, was indicted on February 12, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on February 18, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Pay Pay is alleged to have forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with two different Cheyenne River Sioux tribal law enforcement officers in December 2013 in Eagle Butte. The incident resulted in bodily injury to and physical contact with the law enforcement officers.
The charges are merely an accusation and Pay Pay is presumed innocent until and unless proven guilty.The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
Pay Pay was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Butte Man Charged with Aggravated Sexual Abuse by ForceRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse by Force.
Brad Lee Red Bear, age 23, was indicted on February 12, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on February 18, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Red Bear is alleged to have forcibly sexually assaulted a woman in December 2013 in Eagle Butte, South Dakota. The charge is merely an accusation and Red Bear is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
Red Bear was released on bond. A trial date has not been set.
Mission Man Indicted for Burglary, Assault, Use of A Firearm During A Crime of Violence, and A Controlled Substance ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man has been indicted by a federal grand jury for First Degree Burglary, Assault with a Dangerous Weapon, Use of a Firearm During a Crime of Violence, and Possession with Intent to Distribute a Controlled Substance.
Rigoberto Ortiz, age 45, was indicted on February 12, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on February 14, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, 5 years of supervised release, and up to $500 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about December 18, 2013, Ortiz unlawfully entered a residence, assaulted two victims with a firearm, and possessed marijuana that he intended to distribute.The charges are merely accusations and Ortiz is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Ortiz was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Wildlife Investigation Yields over $235,000 in PenaltiesRead the Press Release
United States Attorney Brendan V. Johnson and South Dakota Attorney General Marty J. Jackley announced that eighteen (18) individuals have pleaded guilty and were sentenced in both State and Federal Court to fines, restitution, and civil damages in excess of $235,000 for wildlife violations that occurred at a commercial hunting operation in Todd County, South Dakota between 2008-2012.
The investigation conducted by the U.S. Fish and Wildlife Service, South Dakota Department of Game, Fish and Parks, Iowa Department of Natural Resources, and the Rosebud Sioux Tribe revealed that John and Kathryn Chauncey hosted paying hunting clients from Michigan, Texas, and New Jersey for guided deer and pheasant hunts on their property known as Rock Creek Ranch. The investigation documented that John and Kathryn Chauncey, along with several of their hunting clients, unlawfully killed and possessed a minimum of fifty-six (56) deer, hawks, owls, badgers, and turkeys. The value of the unlawfully killed wildlife was documented to be over $70,000.
“This is one of the largest wildlife cases in South Dakota history. It is important to recognize the efforts of the state and federal officers involved in this investigation,” said Jeff Vonk, Secretary of the South Dakota Department of Game, Fish and Parks. “Additionally, I would like to recognize the concerned citizens who provided critical pieces of information to state officers that initially triggered the investigation. Thanks to all involved for a job well done.”
John Chauncey pled guilty in Federal Court to a felony charge of Conspiracy to violate the Lacey Act and multiple counts of Unlawful Possession of wildlife in State Court. He was sentenced to two (2) months in custody and ordered to pay $92,285.
Kathryn Chauncey pled guilty in Federal Court to violating the Migratory Bird Treaty Act and unlawfully transferring a hunting license in State Court. She was sentenced to probation and ordered to pay $10,500.
“The Rock Creek Ranch investigation exposed the large-scale illegal commercial exploitation of South Dakota wildlife resources,” said William C. Woody, Assistant Director for Law Enforcement of the U.S. Fish and Wildlife Service. “This case shows the importance of Federal and State officers working together to protect our resident wildlife species.”
Sixteen (16) other defendants also pled guilty to State and Federal wildlife violations as a result of the investigation and were sentenced to fines ranging from $500 to more than $26,000 per person. Collectively, the defendants in this case had their hunting privileges revoked for forty-five (45) years and were additionally sentenced to nineteen (19) years of probation.
U.S. Attorney Johnson and South Dakota Attorney General Jackley lauded the investigation. “We will continue bring to justice those who flaunt South Dakota’s wildlife laws,” said Johnson. “I commend the work of our state and federal law enforcement partners who vigilantly protect our natural resources.”
“The State of South Dakota provides sportsman with an abundance of wildlife to enjoy" said Jackley. "As your Attorney General, I am committed to protecting this valuable resource for all South Dakotans to experience."Assistant U.S. Attorney Meghan N. Dilges and Special Assistant Attorney General Paul Bachand prosecuted the case.
Wanblee Man Pleads Not Guilty to Four Charges of Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wanblee, South Dakota, man has been indicted by a federal grand jury for two charges of Aggravated Sexual Abuse by Force and two charges of Sexual Abuse.
Jason Poor Bear, age 39, was indicted on December 17, 2013. He appeared before U.S. Magistrate Judge Veronica L. Duffy on February 11, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is life imprisonment and/or a $250,000 fine, and a lifetime of supervised release.
The charges relate to an incident that happened in Wanblee in May of 2013, when Poor Bear used force to engage in sexual acts with a female who was physically incapable of declining participation. An object is alleged to have been used to accomplish some of these sexual acts.
The charges are merely accusations and Poor Bear is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs Office of Justice Services, the Federal Bureau of Investigation, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Poor Bear was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rosebud Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on February 10, 2014, by U.S. District Judge Roberto A. Lange.
Jason Riley, age 36, was sentenced to 6 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Riley was indicted for Assault Resulting in Serious Bodily Injury by a federal grand jury on November 8, 2011. He pled guilty on November 19, 2013.
On October 13, 2010, Riley was at the Sicangu Village Housing on the Rosebud Sioux Indian Reservation. The victim approached Riley and asked for a cigarette. A verbal disagreement ensued and Riley struck the victim. The victim was also kicked by another man while he was on the ground. The victim suffered multiple abrasions, soft tissue bruising, and a nose bone fracture.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher prosecuted the case.
Riley was immediately turned over to the custody of the U.S. Marshals Service.
Porcupine Man Sentenced for Child AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Porcupine, South Dakota, man convicted of Child Abuse was sentenced on February 7, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Corey Good Crow, age 37, was sentenced to 2 years of imprisonment, 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Between 2008 and 2010, near Porcupine, Good Crow engaged in a pattern of conduct that subjected a child to abuse and neglect, causing the child severe and permanent psychological injury.
The investigation was conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. The case was prosecuted by Assistant U.S. Attorney Gregg S. Peterman.
Good Crow was immediately turned over to the custody of the U.S. Marshals Service.
Pine Ridge Man Sentenced for Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, man convicted of Abusive Sexual Contact was sentenced on February 3, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Patrick Left Hand Bull, age 40, was sentenced to 46 months of imprisonment, 10 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
In July 2013, near Pine Ridge, Left Hand Bull engaged in sexual contact with a woman who was unable to give consent.
The investigation was conducted by Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. The case was prosecuted by Assistant U.S. Attorney Sarah B. Collins.
Left Hand Bull was immediately turned over to the custody of the U.S. Marshals Service.
Pine Ridge Man Sentenced for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on February 7, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Michael Tobacco, age 22, was sentenced to 30 months in custody, 3 years of supervised release, and ordered to pay $40 in restitution and a $100 special assessment to the Federal Crime Victims Fund.
Tobacco was indicted on August 27, 2013, by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Substantial Bodily Injury to an Intimate Partner or Dating Partner. He pled guilty to Assault with a Dangerous Weapon on October 31, 2013.
The conviction stems from an incident in June of 2013 at a home in Pine Ridge, wherein Tobacco dragged his juvenile girlfriend by the hair from one room to another, and then repeatedly slapped, punched, and kicked her. This assault resulted in the female receiving a severely bruised eye that was swollen shut and numerous bruises all over her upper body.
This case was investigated by the Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Tobacco was immediately turned over to the custody of the U.S. Marshals Service.
Mission Woman Charged with Fraudulently Altered Money OrderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, woman has been indicted by a federal grand jury for Fraudulently Altered Money Order.
Jamie Walking Eagle, age 27, was indicted on August 21, 2013. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 10, 2014, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge stems from an incident that took place on November 5, 2012, when Walking Eagle fraudulently passed a United States Postal Money Order purchased by another individual that was made payable to Estes Park Court in the amount of $215.00. Walking Eagle had altered it to be made payable to her.
The charge is merely an accusation and Walking Eagle is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Postal Inspection Service. Assistant U.S. Attorney Marie H. Ruettgers is prosecuting the case.
Walking Eagle was released on bond pending trial. A trial date has not been set.
Bonesteel Woman Sentenced for Child AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Bonesteel, South Dakota, woman convicted of Child Abuse was sentenced on February 11, 2014, by U.S. District Judge Roberto A. Lange.
Maria Janis, age 35, was sentenced to 12 months and 1 day in custody, 3 years supervised release, a $100 special assessment to the Federal Crime Victims Fund and $17,123 in restitution.
Janis was indicted for Child Abuse by a federal grand jury on April 12, 2013. She pled guilty on November 19, 2013.
Janis, her husband Robert Prue, and several minor children have lived in several states, including Arizona and Washington State before they moved to South Dakota and the Rosebud Sioux Indian Reservation in the spring of 2011. Over an extended period of time, Janis learned Prue was sexually abusing some of the children. Janis said she believed the children when they told her about the abuse, but would leave the children in Prue’s supervision nonetheless. Janis was also aware Prue had methamphetamine and alcohol problems during the time he was around the children.
Once in South Dakota, Janis learned Prue was persisting in his efforts to sexually abuse some of the children. Janis did not take steps to protect the children, but continued to expose them to harm by leaving them with Prue while she would leave the house. Between June 22, 2011, and September 22, 2011, while in South Dakota, Prue engaged in efforts to accomplish sexual acts with one of the victims, a minor.
This case was investigated by the Federal Bureau of Investigation, South Dakota Division of Criminal Investigation, and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher prosecuted the case.
Janis was immediately turned over to the custody of the U.S. Marshals Service.
St. Francis Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man convicted of Abusive Sexual Contact was sentenced on February 10, 2014, by U.S. District Judge Roberto A. Lange.
Joseph Blue Bird, age 26, was sentenced to 36 months of custody, 5 years of supervised release, $43.50 in restitution, and a $100 special assessment to the Federal Crime Victims Fund. Blue Bird was also ordered to register as a sex offender.
Blue Bird was indicted by a federal grand jury on September 19, 2012. He pled guilty on November 19, 2013.
The conviction stems from an incident in May 2012, wherein the victim went to her neighbor's house in Rosebud for a social gathering. Blue Bird was also present at the gathering. The group socialized throughout the evening, and eventually the victim told a resident of the house that she was tired and was going to lie down on the couch. The victim awoke to find that her pants were down and Blue Bird was on top of her, touching her genitalia. Blue Bird then fled the residence without saying anything further to the victim.
This case was investigated by the Rosebud Sioux Tribal Police Department and the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley prosecuted the case.Blue Bird was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Woman Sentenced for Concealing A FugitiveRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, woman convicted of Concealing Person from Arrest was sentenced on February 3, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Tina Ladeaux, a/k/a Tina M. Cooper, a/k/a Tina Cooperboyd, age 41, was sentenced to 1 year of probation, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund and a $250 fine.
Between September 2012 and November 2012, at Rapid City, Ladeaux concealed her husband, Eric Ladeaux, from law enforcement after she was informed that there was a warrant for his arrest for Escape on federal charges.The investigation was conducted by the U.S. Marshals Service. The case was prosecuted by Assistant U.S. Attorney Sarah B. Collins.
Martin Woman Sentenced for Benefits FraudRead the Press Release
United States Attorney Brendan V. Johnson announced that a Martin, South Dakota, woman convicted of Benefits Fraud was sentenced on February 7, 2014, by U.S. Magistrate Judge Veronica L. Duffy.
Kelly Cottier, age 54, was sentenced to one year of probation, and ordered to pay a $25 special assessment to the Federal Crime Victims Fund and restitution in the amount of $186.23.
Cottier pled guilty to making a purchase at Sam’s Club in Rapid City with unlawfully obtained Supplemental Nutrition Assistance Program (SNAP) benefits.
This case was investigated by the Federal Bureau of Investigation and the South Dakota Department of Social Services. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Martin Woman Sentenced for Benefits FraudRead the Press Release
United States Attorney Brendan V. Johnson announced that a Martin, South Dakota, man convicted of Assault on a Federal Officer was sentenced on February 7, 2014, by U.S. Magistrate Judge Veronica L. Duffy.
Corey Whirlwind Horse, age 18, was sentenced to 3 years of probation, and ordered to pay a $25 special assessment to the Federal Crime Victims Fund.
Whirlwind Horse was indicted on September 24, 2013, by a federal grand jury for assaulting an officer employed by the Oglala Sioux Tribe Department of Public Safety on September 18, 2013.
This case was investigated by the Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Whirlwind Horse was immediately turned over to the custody of the U.S. Marshals Service.
Martin Man Sentenced for Assault on A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Martin, South Dakota, man convicted of Assault on a Federal Officer was sentenced on February 7, 2014, by U.S. Magistrate Judge Veronica L. Duffy.
Corey Whirlwind Horse, age 18, was sentenced to 3 years of probation, and ordered to pay a $25 special assessment to the Federal Crime Victims Fund.
Whirlwind Horse was indicted on September 24, 2013, by a federal grand jury for assaulting an officer employed by the Oglala Sioux Tribe Department of Public Safety on September 18, 2013.
This case was investigated by the Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Whirlwind Horse was immediately turned over to the custody of the U.S. Marshals Service.
Dupree Man Sentenced for Child AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Dupree, South Dakota, man convicted of Child Abuse was sentenced on February 10, 2014, by U.S. District Court Judge Roberto A. Lange.
Allen White, a/k/a AJ White, age 25, was sentenced to 12 months and 1 day in custody, 18 months of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
White was charged by Information for Child Abuse on November 15, 2013. He pled guilty on November 18, 2013.
The charge stems from a September 19, 2013, incident that occurred near Dupree. White was angry at his mother and threw a backpack at her that contained a sport energy drink that was full. The heavy backpack missed White’s mother and instead struck the child victim in the head.
This case was investigated by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
White was immediately turned over to the custody of the U.S. Marshals Service to commence serving his sentence.
Watertown Man Sentenced for Unlawful Taking of Migratory Birds and Lacey Act ViolationsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Watertown, South Dakota, man charged with Unlawful Taking of Migratory Birds and Lacey Act Violations pled guilty and was sentenced on February 4, 2014, by U.S. Magistrate Judge William D. Gerdes.
Roger Meyer, age 53, was sentenced to 2 years of unsupervised probation, no hunting or guiding for 2 years, $550 in restitution to the U.S. Fish and Wildlife Services, a $3,000 fine, and $35 to the Federal Crime Victims Fund.
The conviction stems from incidents that took place in 2008 and 2009 when Meyer, doing business as Meyer Guide Service, guided paying clients on duck hunts on two separate occasions. During these duck hunts, Meyer allowed and encouraged the hunters to exceed their daily limit of ducks. Following the hunts, the ducks were not tagged properly and transported in violation of federal law.
The investigation was conducted by the U.S. Fish and Wildlife Services. The case was prosecuted by Assistant U.S. Attorney Meghan N. Dilges.
McLaughlin Man Sentenced for Assault by Striking, Beating and Wounding and Simple AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man convicted of Assault by Striking, Beating and Wounding and Simple Assault was sentenced on February 4, 2014, by U.S. Magistrate Judge William D. Gerdes.
Conrad Little Bear, age 54, was sentenced to 60 days of custody on each count to be served concurrently, and a $20 special assessment to the Federal Crime Victims Fund.
Little Bear was indicted by a federal grand jury on May 15, 2013. He pled guilty on January 7, 2014.
The conviction stems from an incident on October 18, 2012, when Little Bear was informed by his brother that someone had broken into his house. When he arrived at his home, the victim was asleep on a couch in his living room. Little Bear then proceeded to tie up the victim, awaiting the arrival of law enforcement. While waiting for law enforcement to arrive, Little Bear became irate about the situation and proceeded to strike the victim about the head and body, causing injury. When law enforcement arrived, they found the victim bound and tied with a thick rope. The victim was bleeding from the right ear, right eyebrow, and mouth.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Little Bear is to self-report to the U.S. Marshals Service on February 25, 2014.
Pine Ridge Man Sentenced for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, man convicted of Assault by Striking, Beating, and Wounding was sentenced on February 4, 2014, by U.S. Magistrate Judge Veronica L. Duffy.
Alexander Winter, age 27, was sentenced to 1 year in custody, 1 year of supervised release, and ordered to pay a $25 special assessment to the Federal Crime Victims Fund.
Winter was indicted for repeatedly punching a woman in the chest and face during an argument in March of 2013 at Pine Ridge. This assault resulted in contusions, bruises, a bloody nose, a black eye, and a nasal fracture to the victim.
This case was investigated by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Pine Ridge Man Sentenced for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, man convicted of Assault by Striking, Beating, and Wounding was sentenced on February 4, 2014, by U.S. Magistrate Judge Veronica L. Duffy.
Alexander Winter, age 27, was sentenced to 1 year in custody, 1 year of supervised release, and ordered to pay a $25 special assessment to the Federal Crime Victims Fund.
Winter was indicted for repeatedly punching a woman in the chest and face during an argument in March of 2013 at Pine Ridge. This assault resulted in contusions, bruises, a bloody nose, a black eye, and a nasal fracture to the victim.
This case was investigated by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Eric Kelderman prosecuted the case.Winter was remanded to the custody of the U.S. Marshals Service.
Money Judgment of $1,376,670 Rendered Against Iowa Couple for Violations of the False Claims ActRead the Press Release
United States Attorney Brendan V. Johnson announced that on January 29, 2014, U.S. District Judge Charles B. Kornmann entered a civil judgment in favor of the United States in the amount of $1,376,670 against Howard “Jack” Aleff and Reena Slominski, a married couple from Knoxville, Iowa. Aleff and Slominski did business as L & J Wool & Fur, a South Dakota corporation. They illegally submitted 132 separate false claims to the U.S. Department of Agriculture (USDA), Farm Services Agency (FSA), in Iowa and South Dakota.
Over a period of six years, the couple presented bogus documents to the FSA, Commodity Credit Corporation, that appeared to be legitimate business transactions to support their requests for wool loan deficiency payments when in fact they owned no sheep. As a result, the United States paid them $303,890 to which they were not entitled.
The False Claims Act (31 U.S.C. § 3729) imposes liability on persons and companies who knowingly submit false claims to the government or causes another to submit a false claim to the government, or knowingly makes a false record or statement to get a false claim or benefit paid by 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.Previously, Aleff and Slominski pled guilty to the criminal charge of Conspiracy to Defraud the United States, and on September 13, 2012, they were sentenced to five years’ probation, fined $60,000, and ordered to pay restitution of $303,890 to the Commodity Credit Corporation.
The United States 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 USDA, Office of Inspector General (OIG). Assistant U.S. Attorneys Thomas Wright and Cheryl Schrempp DuPris prosecuted the criminal and civil cases respectively.
Martin Man Sentenced for Benefits FraudRead the Press Release
United States Attorney Brendan V. Johnson announced that a Martin, South Dakota, man convicted of Benefits Fraud was sentenced on February 3, 2014, by U.S. Magistrate Judge Veronica L. Duffy.
Walter York, age 34, was sentenced to one year of probation, and ordered to pay a $25 special assessment to the Federal Crime Victims Fund and restitution in the amount of $191.82.
York was indicted for making a purchase at Sam’s Club in Rapid City on July 10, 2011, with unlawfully purchased Supplemental Nutrition Assistance Program (SNAP) benefits.
This case was investigated by the Federal Bureau of Investigation and the South Dakota Department of Social Services. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
California Man Sentenced for Assault by Striking, Beating and Wounding and Simple AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Los Angeles, California, man charged with Assault by Striking, Beating and Wounding and Simple Assault pled guilty and was sentenced on February 4, 2014, by U.S. Magistrate Judge Mark A. Moreno.
Francisco Hernandez, Jr., age 41, was sentenced to 2 years’ probation on each count, to be served concurrently, and $20 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on January 21, 2013, in Timber Lake, in Indian country, when Hernandez, who had been drinking alcohol that morning, assaulted his girlfriend by striking her on the head and body while she attempted to leave the house with their children.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Troy R. Morley.
Rosebud Man Sentenced for Possession of Child PornographyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man convicted of Possession of Child Pornography was sentenced on February 3, 2014, by U.S. District Judge Roberto A. Lange.
Jeremy Gunhammer, age 20, was sentenced to 36 months in custody, 5 years supervised release, a $100 special assessment to the Federal Crime Victims Fund, and was ordered to register as a sex offender.
Gunhammer was indicted for Possession of Child Pornography by a federal grand jury on June 12, 2013. He pled guilty on November 19, 2013.
The conviction stems from incidents that took place between January 1, 2013, and May 31, 2013, when Gunhammer used the Internet to receive and possess numerous images of child pornography.The investigation was conducted by the Federal Bureau of Investigation, South Dakota Division of Criminal Investigation, South Dakota Internet Crimes Against Children Task Force, Rosebud Sioux Tribe Law Enforcement Services, Bureau of Indian Affairs, Pennington County Sheriff’s Office, Rapid City Police Department, Sioux Falls Police Department, and the U.S. Marshals Service. Assistant U.S. Attorneys Tim Maher and Sarah Collins prosecuted the case.
Gunhammer was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Sentenced for Possession of Child PornographyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man convicted of Possession of Child Pornography was sentenced on February 3, 2014, by U.S. District Judge Roberto A. Lange.
Jeremy Gunhammer, age 20, was sentenced to 36 months in custody, 5 years supervised release, a $100 special assessment to the Federal Crime Victims Fund, and was ordered to register as a sex offender.
Gunhammer was indicted for Possession of Child Pornography by a federal grand jury on June 12, 2013. He pled guilty on November 19, 2013.
The conviction stems from incidents that took place between January 1, 2013, and May 31, 2013, when Gunhammer used the Internet to receive and possess numerous images of child pornography.The investigation was conducted by the Federal Bureau of Investigation, South Dakota Division of Criminal Investigation, South Dakota Internet Crimes Against Children Task Force, Rosebud Sioux Tribe Law Enforcement Services, Bureau of Indian Affairs, Pennington County Sheriff’s Office, Rapid City Police Department, Sioux Falls Police Department, and the U.S. Marshals Service. Assistant U.S. Attorneys Tim Maher and Sarah Collins prosecuted the case.
Gunhammer was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Woman Charged with False Statements Relating to Health Care Matters and Attempt to Obtain Controlled Substance by FraudRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, woman has been indicted by a federal grand jury for False Statements Relating to Health Care Matters and Attempt to Obtain Controlled Substance by Fraud.
Letha Leroy, age 48, was indicted on January 15, 2014. She appeared before U.S. Magistrate Judge Mark A. Moreno on January 31, 2014, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges stem from an incident that took place on January 23, 2013, when Leroy presented a forged prescription to a pharmacy to obtain Vicodin pills, knowing the prescription was falsified.
The charges are merely accusations and Leroy is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Office of Inspector General, Department of Health and Human Services. Assistant U.S. Attorney Tim Maher is prosecuting the case.
Leroy was released on bond pending trial. A trial date has been set for March 25, 2014.
Rosebud Woman Charged with False Statements Relating to Health Care Matters and Attempt to Obtain Controlled Substance by FraudRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, woman has been indicted by a federal grand jury for False Statements Relating to Health Care Matters and Attempt to Obtain Controlled Substance by Fraud.
Letha Leroy, age 48, was indicted on January 15, 2014. She appeared before U.S. Magistrate Judge Mark A. Moreno on January 31, 2014, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges stem from an incident that took place on January 23, 2013, when Leroy presented a forged prescription to a pharmacy to obtain Vicodin pills, knowing the prescription was falsified.
The charges are merely accusations and Leroy is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Office of Inspector General, Department of Health and Human Services. Assistant U.S. Attorney Tim Maher is prosecuting the case.
Leroy was released on bond pending trial. A trial date has been set for March 25, 2014.
California Woman and Montana Man Charged with Possession with Intent to Distribute A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that a Columbia, California, woman and an Alberton, Montana, man have been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance.
Beth Swank, age 52, and Claudio Puccio, age 46, were indicted on January 15, 2014. They appeared before U.S. Magistrate Judge Mark A. Moreno and pled not guilty to the Indictment.
The maximum penalty upon conviction is not more than 5 years in custody and/or a $250,000 fine, at least 2 years of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on November 23, 2013, in Lyman County, South Dakota, Swank and Puccio did knowingly and intentionally possess with intent to distribute marijuana and hashish, both a Schedule I controlled substance.
The charges are merely accusations and Swank and Puccio are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Division of Criminal Investigation. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Swank and Puccio were remanded to the custody of the U.S. Marshals Service pending trial, which has been set for March 25, 2014.
Allen Man Sentenced for Stealing Money OrdersRead the Press Release
United States Attorney Brendan V. Johnson announced that an Allen, South Dakota, man convicted of Larceny was sentenced on January 24, 2014, by U.S. Magistrate Judge Veronica L. Duffy.
Clarence Yellow Hawk, Sr., age 45, was sentenced to time served, and ordered to pay a $25 special assessment to the Federal Crime Victims Fund and $3,000 in restitution.
In March of 2012, at Pine Ridge, Yellow Hawk and another person took three money orders belonging to someone else, arranged to have them cashed, and then kept part of the money for himself.
The investigation was conducted by the Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.
Two Sioux Falls Men Indicted for Possession with Intent to Distribute Marijuana and HashishRead the Press Release
United States Attorney Brendan V. Johnson announced that two men from Sioux Falls, South Dakota, have been indicted by a federal grand jury for two counts of Possession with Intent to Distribute a Controlled Substance.
Dalton Rogers, age 23, and Ryan Quarve, age 23, were indicted by a federal grand jury on January 15, 2014. They appeared before U.S. Magistrate Judge Mark A. Moreno on January 22, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 5 years of custody and/or a $250,000 fine, at least 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
On October 18, 2013, in Lyman County, South Dakota, a traffic stop by the South Dakota Highway Patrol found that Rogers and Quarve knowingly and intentionally possessed with intent to distribute marijuana and hashish.The charges are merely an accusation and Rogers and Quarve are presumed innocent unless and until they are proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. The case is being prosecuted by Assistant U.S. Attorney Jay Miller.
Rogers and Quarve were released on bond pending trial. A trial date has not been set.
Rosebud Woman Charged with ArsonRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, woman has been indicted by a federal grand jury for Arson.
Mary Peneaux, age 25, was indicted on November 14, 2013. She appeared before U.S. Magistrate Judge Mark A. Moreno on January 28, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to an incident on March 23, 2013, when Peneaux allegedly set fire to and burned the victim’s residence. The charge is merely an accusation and Peneaux is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Marie H. Ruettgers is prosecuting the case.
Peneaux was released on bond pending trial. A trial date has not been set.
Rosebud Man Charged with Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Phillip Little Hoop, age 31, was indicted on January 15, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 24, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
On four separate incidents starting on or about September 1, 2013, until January 14, 2014, Little Hoop, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under federal law, knowingly failed to register and update his registration.
The charge is merely an accusation and Little Hoop is presumed innocent until and unless proven guilty
.
The investigation is being conducted by the U.S. Marshals Service, South Dakota Division of Criminal Investigation, and the Mitchell Police Department. Assistant U.S. Attorney Marie H. Ruettgers is prosecuting the case.
Little Hoop was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.