District of South Dakota
Press releases recorded for this federal judicial district.
Eagle Butte Man Sentenced for Felon in Possession of A FirearmRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota man was convicted of being a Felon in Possession of a Firearm and was sentenced on May 20, 2013 by U.S. District Judge Roberto A. Lange.
Kimo Little Bird, age 31, was sentenced to 36 months’ imprisonment, 2 years of supervised release, $1,750 restitution to the Standing Rock Game and Fish Department for the unlawful taking of a hawk, and a $100 special assessment to the Federal Crime Victims Fund.
Little Bird was indicted by a federal grand jury in December of 2012. The conviction stems from when Little Bird was arrested for an outstanding tribal warrant. During the arrest, law enforcement found an additional firearm at the residence where the Defendant was staying. The Defendant admitted that the firearm belonged to him and that he knew he was prohibited from possessing the firearm because he had a previous felony conviction.
This case was investigated by the U.S. Fish & Wildlife Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy Morley prosecuted the case.
Little Bird was immediately turned over to the custody of the U.S. Marshal.
St. Francis Man Charged with Failure to Register as A Sex OffenderRead 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 Failure to Register as a Sex Offender.
Koty Arcoren, age 21, was indicted by a federal grand jury on May 15, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 20, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is up to 10 years’ in custody, a $250,000 fine, or both; life of supervised release; and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge is merely an accusation and Arcoren is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshal Service. Assistant U.S. Attorney Tim Maher is prosecuting the case.
Arcoren was remanded to the custody of the U.S. Marshal pending trial. A trial date has not been set.
Wisconsin Woman Indicted for Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wausau, Wisconsin woman has been indicted by a federal grand jury for Failure to Pay Legal Child Support.
Estella Melchor, age 34, was indicted by a federal grand jury on November 6, 2012 for failing to pay over $14,850.00 in past due child support. She appeared before U.S. Magistrate Judge John E. Simko on May 13, 2013 and pled not guilty to the indictment.
The maximum penalty upon conviction is two years imprisonment; a $250,000.00 fine; one year supervised release; one additional year upon revocation; a $100.00 assessment fee to the Federal Crime Victims Fund; and child support restitution amount owing at the time of sentencing.
The charge is merely an accusation and Melchor is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Department of Health and Human Services, Office of Inspector General. Assistant U.S. Attorney Thomas J. Wright is prosecuting the case.
Melchor was released on bond pending trial. A trial date has not been set.
Sioux Falls Man Indicted for FraudRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota man has been indicted by a federal grand jury for fraud.
Randal Kent Hansen, age 65, was indicted by a federal grand jury on May 8, 2013 for Conspiracy to Commit Wire Fraud and Mail Fraud; Wire Fraud; and Mail Fraud. He appeared before U.S. Magistrate Judge John E. Simko on May 15, 2013 and pled not guilty to the indictment.
The maximum penalty upon conviction is 20 years imprisonment, a $250,000 fine or both. The charge is merely an accusation and Hansen is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Hansen was released on bond pending trial. A trial date has not been set.
Sioux Falls Man Guilty of Conspiracy to Distribute A Controlled Substance Analogue and Money LaunderingRead the Press Release
United States Attorney Brendan V. Johnson announced that Corey Brandon Morrison, age 24, of Sioux Falls, South Dakota appeared before U.S. District Judge Karen E. Schreier on May 17, 2013 for a change of plea hearing. Pursuant to a plea agreement, Morrison pled guilty to one count of Conspiracy to Distribute a Controlled Substance Analogue and one count of Money Laundering.
The drug charge carries a maximum sentence of 20 years in prison, a $1,000,000 fine, or both. The maximum sentence for the money laundering charge is 10 years in prison, a $250,000 fine, or both.
Under federal law, a controlled substance analogue is a substance which has a chemical structure that is similar to certain controlled substances and has an effect on the central nervous system which is intended to be similar to those controlled substances. Where controlled substance analogues are intended for human consumption, they are treated as controlled substances.
Morrison was indicted on October 10, 2012 by a federal grand jury. The indictment was the result of an investigation involving the Roll With It stores located in Sioux Falls.
Morrison’s conviction stems from his involvement in a drug conspiracy he joined in September 2011. As a participant in this conspiracy, Morrison sold analogue drugs to businesses in Sioux Falls where it was, in turn, sold to customers. Morrison was aware the customers were ingesting the substances to get high. Additionally, he deposited the illegal monetary gain into his personal bank account.
“Last year we stated that we would aggressively pursue anyone who was involved in the distribution of analogue drugs in South Dakota. We said what we meant, and meant what we said. There will be consequences for anyone who sells these drugs in our state,” said U.S. Attorney Johnson following the guilty plea.
The investigation was conducted by the U.S. Drug Enforcement Administration, the Internal Revenue Service, and the Sioux Falls Area Drug Task Force. U.S. Attorney Brendan Johnson and Assistant U.S. Attorney John E. Haak are prosecuting the case.
Morrison’s sentencing has been scheduled for August 2, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Rosebud Man Sentenced for Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota man convicted of Assault with a Dangerous Weapon was sentenced on May 15, 2013 by U.S. District Judge Roberto A. Lange.
Aaron Sharpfish, age 21, was sentenced to 394 days in custody, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.
Sharpfish was indicted by a federal grand jury on April 10, 2012 and pled guilty to the charge on March 5, 2013.
The conviction stems from an incident that took place on November 21, 2011, when Sharpfish hit the victim causing him to fall to the ground. Sharpfish then kicked the victim in the head and face several times causing a fracture to the victim’s eye.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.
Sharpfish was remanded to the custody of the U.S. Marshal.
Rosebud Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota man convicted of Abusive Sexual Contact was sentenced on May 14, 2013 by U.S. District Judge Roberto A. Lange.
Robert I. Pomani, age 21, was sentenced to 24 months’ imprisonment, 5 years of supervised release and a $100 special assessment to the Federal Crime Victims Fund.
Pomani was indicted by a federal grand jury in October of 2012. He pled guilty to a Superseding Information on February 15, 2013. The conviction stems from an incident in December of 2010 when Pomani was in a relationship with the victim. At that time, Pomani was 19 years old and at least 4 years older than the victim. While in the relationship, Pomani engaged in conduct which resulted in abusive sexual contact.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Pomani was immediately turned over to the custody of the U.S. Marshal.
Parmelee Man Charged with Aggravated Sexual Abuse, Sexual Abuse, Aggravated Incest and Witness TamperingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Parmelee, South Dakota man has been indicted by a federal grand jury for Aggravated Sexual Abuse, Sexual Abuse, Aggravated Incest and Witness Tampering.
Ian James Burning Breast, age 20, was indicted by a federal grand jury on May 14, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 15, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is up to life in custody, a $250,000 fine, or both; 3 years of supervised release; and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge is merely an accusation and Burning Breast 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 Timothy M. Maher is prosecuting the case.
Burning Breast was remanded to the custody of the U.S. Marshal pending trial. A trial date has not been set.
Oglala Man Pleads Guilty to Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that Tim Two Bulls, age 24, of Oglala, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on May 10, 2013 and pled guilty to Sexual Abuse. The maximum penalty upon conviction is life imprisonment and a $250,000 fine.
Two Bulls was indicted for unlawfully entering the home of another person on December 16, 2011 in the Red Shirt Table Community. While in this home, Two Bulls engaged in a sexual act with a female, without her permission.
The investigation was conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.
A presentence investigation was ordered and a sentencing date will be set. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Lower Brule Woman Sentenced for Assaulting, Resisting and Impeding A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota woman convicted of Assaulting, Resisting and Impeding a Federal Officer was sentenced on May 15, 2013 by U.S. District Judge Roberto A. Lange.
Lauren LaRoche, age 24, was sentenced to 12 months of imprisonment, 6 months of supervised release, and a $25 special assessment to the Federal Crime Victims Fund.
LaRoche was indicted by a federal grand jury on March 13, 2013. She pled guilty to an Information on May 15, 2013. The charge stems from an incident on February 8, 2013 wherein LaRoche, and her brother, Marty LaRoche, who has pled guilty and is awaiting sentencing, both did forcibly assault, resist, oppose, impede, intimidate, and interfere with a federal officer while the officer was engaged in the performance of his official duties.
LaRoche also pled guilty to a Petition to Revoke Supervised Release and was sentenced to 5 months of imprisonment to be served consecutively with the above sentence. That charge stems from a previous conviction regarding an original offense of Possession of a Controlled Firearm, for which she was sentenced to 18 months in custody and 2 years of supervised release.
The investigation was conducted by the Bureau of Indian Affairs and Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
LaRoche was immediately turned over to the custody of the U.S. Marshals Service.
Iowa Man Sentenced for Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that a Radcliffe, Iowa man charged with Failure to Pay Legal Child Support was sentenced on May 13, 2013 by U.S. District Judge Karen E. Schreier.
Leroy R. Boster, age 36, was sentenced to six months’ home confinement, 5 years of probation, a $100.00 special assessment to the Federal Crime Victims Fund, and child support restitution in the amount of $36,479.24.
Boster was indicted on two counts of failing to pay past due child support by a federal grand jury on June 8, 2011. He was ordered by the Third Judicial Circuit Court, Beadle County, to pay $150.00 per month to a custodial parent for his minor child, commencing April 1, 2000. The support amount was subsequently modified to $156.00 per month commencing January 1, 2007. At the time of indictment, he had not made a child support payment since December of 2009, and the total arrearage amount owed to that custodial parent was $18,423.94.
In addition, he was ordered by the Second Judicial Circuit Court, Minnehaha County, to pay $141.00 per month to another custodial parent for his minor child, commencing January 1, 1997. The same order entered a judgment in the amount of $1,569.00 for past due support and DNA tests. At the time of indictment, he had not made a child support payment since December of 2009, and the total arrearage amount owed to that custodial parent was $15,274.64. He pled guilty to the charge on May 13, 2013.
This case was investigated the Department of Health and Human Services, Office of Inspector General. Assistant U.S. Attorney Thomas J. Wright prosecuted the case.
Edgemont Man Pleads Guilty to Making False Unemployment ClaimsRead the Press Release
United States Attorney Brendan V. Johnson announced that Terry M. Beard, age 46, of Edgemont, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy, on May 8, 2013, and pled guilty to False Claim. The maximum penalty upon conviction is 5 years of imprisonment and a $250,000 fine.
Beard was indicted on July 24, 2012 for receiving unemployment insurance benefit payments from the U.S. Railroad Retirement Board when he knew he was not entitled to them.
The investigation was conducted by the U.S. Railroad Retirement Board-Office of Inspector General. The case is being prosecuted by Assistant U.S. Attorney Wayne Venhuizen.
A presentence investigation was ordered and a sentencing date will be set. The defendant was released on bond pending sentencing.
Eagle Butte Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota man convicted of Assault Resulting in Serious Bodily Injury was sentenced on May 14, 2013 by U.S. District Judge Roberto A. Lange.
Isiah Mesteth, age 23, was sentenced to 72 months of imprisonment; 2 years of supervised release; and a $100 special assessment to the Federal Crime Victims Fund.
Mesteth was indicted by a federal grand jury on September 18, 2012 and pled guilty to the above offense on February 5, 2013.
The charge stems from an incident wherein Mesteth, on October 4, 2011, assaulted his significant other during an argument. Mesteth hit and kicked her in the face and body several times, causing her nose and lips to bleed, as well as bruising and swelling to her face and arms. He also sexually assaulted her in a manner that caused extreme physical pain.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division and the Federal Bureau of Investigation. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Mesteth was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Pleads Guilty to Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that Frank Hill, age 38, of Eagle Butte, South Dakota appeared before U.S. District Judge Roberto A. Lange on May 14, 2013 and pled guilty to Sexual Abuse of a Person Incapable of Consenting.
The maximum penalty upon conviction is up to life in custody, a $250,000 fine, or both; at least 5 years and up to life of supervised release, and $100 assessment to the Federal Crime Victims Fund.
The conviction arose from Hill’s sexual assault in November of 2009 of an adult female victim.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. The case is being prosecuted by Assistant U.S. Attorney Mikal Hanson.
A presentence investigation was ordered, and a sentencing date was set for August 8, 2013. Hill will report to the U.S. Marshals Service on May 21, 2013.
Eagle Butte Man Indicted for AssaultRead 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 Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury and aiding and abetting both assaults with two other co-defendants.
Martin Garreau, a/k/a Damion Yellow Earrings, age 19, was indicted by a federal grand jury on April 12, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 15, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment on each count. Restitution may also be ordered.
The charges relate to an alleged incident in which Garreau is accused of assaulting an Eagle Butte man in November 2012 with glass bottles that resulted in serious injury to the victim. The charges are merely accusations, and Garreau is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
Garreau was remanded to the custody of the U.S. Marshal. A trial date has not been set.
Dupree Man Pleads Guilty to Burglary and AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that William Vandervier, age 26, of Dupree, South Dakota appeared before U.S. District Judge Roberto A. Lange on May 15, 2013 and pled guilty to the Superseding Information that charged him with First Degree Burglary and Simple Assault.
The maximum penalty upon conviction for First Degree Burglary is 25 years of custody, a $250,000 fine, or both; up to 5 years of supervised release; a $100 special assessment; and the Court could order restitution to the victim. The maximum penalty for Simple Assault is 6 months of custody and a $5,000 fine, or both; and a $10 special assessment.
The conviction arose from an incident that occurred in November of 2011 in Dupree, when Vandervier unlawfully entered an occupied structure at night and assaulted an adult female victim with whom he had a previous relationship.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. The case is being prosecuted by Assistant U.S. Attorney Mikal Hanson.
A presentence investigation was ordered and a sentencing date was set for August 5, 2013. The defendant was remanded to the custody of the U.S. Marshals Service pending sentencing.
Arizona Man Sentenced for Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that a Laveen, Arizona man charged with Failure to Pay Legal Child Support was sentenced on May 13, 2013 by U.S. District Court Judge Karen E. Schreier.
Ray Young, age 49, was sentenced to 8 months’ home confinement, 5 years of probation, a $100.00 special assessment to the Federal Crime Victims Fund, and child support restitution in the amount of $14,542.98.
Young was indicted for failing to pay over $13,199.00 past due child support by a federal grand jury on April 4, 2012. He was ordered by the Arizona Superior Court, Maricopa County, AZ, to pay $117.00 per month for his minor child, commencing February 1, 2005. At the time of indictment, he had not made a child support payment since March of 2009, and the total arrearage amount was $13,199.98. He pled guilty to the charge on May 13, 2013.
This case was investigated the Department of Health and Human Services, Office of Inspector General. Assistant U.S. Attorney Thomas J. Wright prosecuted the case.
Wakpala Man Sentenced for Possession with Intent to Distribute A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wakpala, South Dakota man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on May 13, 2013 by U.S. District Judge Charles B. Kornmann.
Dustin Swimmer, age 27, was sentenced to 37 months of imprisonment, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Swimmer was indicted by a federal grand jury on February 14, 2012. He pled guilty to a Superseding Information on January 3, 2013. The charge stems from an incident in 2011 in which Swimmer knowingly and intentionally possessed methamphetamine, a Schedule II controlled substance, and assisted in its distribution.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Swimmer was immediately turned over to the custody of the U.S. Marshals Service.
McLaughlin Man Sentenced on Manslaughter ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota man convicted of Manslaughter was sentenced on May 13, 2013 by U.S. District Judge Charles B. Kornmann.
Jody Charles Red Bird, age 33, was sentenced to 18 months of imprisonment, 3 years of supervised release, restitution in the amount of $6,265.16 and a $100 special assessment to the Federal Crime Victims Fund.
Red Bird was indicted for by a federal grand jury in July of 2012. He pled guilty to the Indictment on January 2, 2013. The conviction stems from an incident on or about June 12, 2012 when the Defendant and others were drinking alcohol at Timber Lake and eventually decided to travel to McLaughlin.
Red Bird was driving the vehicle and while enroute to McLaughlin, he lost control of the vehicle and slid into the ditch abutting the opposing lane of traffic. The vehicle rolled several times and both Red Bird and the victim were ejected. As a result of the injuries sustained in the accident, the victim died.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Red Bird was immediately turned over to the custody of the U.S. Marshal.
McLaughlin Man Sentenced for Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota man convicted of Assaulting a Federal Officer was sentenced on May 13, 2013 by U.S. District Judge Charles B. Kornmann.
Ronnie White Mountain, age 44, was sentenced to 18 months’ imprisonment, 1 year of supervised release and a $100 special assessment to the Federal Crime Victims Fund.
White Mountain was indicted for by a federal grand jury in June of 2012. He pled guilty to a Superseding Information on October 15, 2012. The conviction stems from an incident on February 1, 2012 near McLaughlin when a federal law enforcement officer observed White Mountain driving in an erratic manner. The officer followed White Mountain for a period of time, and ultimately activated his lights when the Defendant pulled into a private residence.
The officer made an attempt to determine if White Mountain was under the influence of alcohol but the Defendant refused to comply. When the officer attempted to arrest White Mountain, he became combative and the officer used his Taser. White Mountain removed the leads and charged into the officer.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
White Mountain was immediately turned over to the custody of the U.S. Marshal.
Sioux Falls Man Guilty of Sex TraffickingRead the Press Release
United States Attorney Brendan V. Johnson announced that Tajahn Clinton, age 35, of Sioux Falls, South Dakota appeared before U.S. District Judge Karen E. Schreier on May 15, 2013, and pursuant to a plea agreement pled guilty to Count 2 of the Fourth Superseding Indictment that charged Clinton with Sex Trafficking by Force, Fraud, or Coercion.
The charge carries a mandatory minimum prison sentence of 15 years and a maximum of life. In the plea agreement, the United States and Clinton agreed to a specific sentence of 402 months. The Court has deferred acceptance of the plea agreement pending the results of the presentence report.
“Those who traffic South Dakota children and young women will find no refuge from law enforcement. We are behind every corner and we will aggressively investigate and prosecute anyone who tries to profit off the sexual exploitation of our most vulnerable citizens,” said U.S. Attorney Johnson.
The investigation was conducted by Homeland Security Investigations, the Federal Bureau of Investigation, the Sioux Falls Police Department, Minnehaha County Sheriff's Office, and the South Dakota Division of Criminal Investigation. The case is being prosecuted by Assistant U.S. Attorneys Kevin Koliner and Jeffrey Clapper.
Sentencing has been scheduled for August 12, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Fort Pierre Man Sentenced for Possession of A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that a Fort Pierre, South Dakota man convicted of Possession of a Controlled Substance was sentenced on May 13, 2013 by U.S. Magistrate Judge Mark A. Moreno.
Brent Flood, age 23, was sentenced to 6 months of imprisonment, a $1,000 fine, and a $25 special assessment to the Federal Crime Victims Fund.
Flood was indicted by a federal grand jury on September 19, 2012. He pled guilty to a Superseding Information on March 12, 2013. The charge stems from an incident on April 5, 2012 wherein Flood knowingly and intentionally possessed marijuana, a Schedule I controlled substance.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Flood was immediately turned over to the custody of the U.S. Marshal Service.
Eagle Butte Man Sentenced for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota man convicted of Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury was sentenced on May 13, 2013 by U.S. District Judge Roberto A. Lange.
Leon Farlee, age 40, was sentenced to 60 months in custody, 2 years of supervised release, $127,716.74 in restitution, and a $200 special assessment to the Federal Crime Victims Fund.
Farlee was indicted by a federal grand jury in April 2012. He was convicted following a jury trial in Pierre on February 22, 2013. The conviction arose out of an unlawful assault that occurred in Eagle Butte in March 2012, when the defendant assaulted a 62-year-old man from Dupree, by hitting and kicking him with cowboy boots, which caused serious bodily injury to the victim.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. The case was prosecuted by Assistant U.S. Attorney Mikal Hanson. Farlee was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.
Dewey County Man Sentenced for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Dewey County man convicted of Assault Resulting in Serious Bodily Injury was sentenced on May 13, 2013 by U.S. District Judge Roberto A. Lange.
Norman Little Shield, Jr., age 21, was sentenced to 27 months of custody, 1 year of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Little Shield, Jr., was indicted by a federal grand jury on November 15, 2012 for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury. He pled guilty to Assault Resulting in Serious Bodily Injury on February 25, 2013.
The conviction arose from an incident that occurred in July 2012 when Little Shield, Jr., assaulted an adult male in Cherry Creek, South Dakota.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. The case was prosecuted by Assistant U.S. Attorney Mikal Hanson.
Little Shield, Jr., was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.
Cherry Creek Man Sentenced for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Cherry Creek, South Dakota man convicted of Assault by Striking, Beating and Wounding was sentenced on May 13, 2013 by U.S. Magistrate Judge Mark A. Moreno.
Joshua Hale, age 22, was sentenced to 5 months in custody and a $10 special assessment to the Federal Crime Victims Fund.
Hale was indicted by a federal grand jury on November 15, 2012 for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury. He pled guilty to Assault by Striking, Beating and Wounding on January 18, 2013.
The conviction arose from an incident that occurred in July 2012 when Hale assaulted an adult male in Cherry Creek, South Dakota.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. The case was prosecuted by Assistant U.S. Attorney Mikal Hanson.
Hale was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.
Porcupine Man Sentenced for Stabbing A ManRead the Press Release
United States Attorney Brendan V. Johnson announced that a Porcupine, South Dakota man convicted of Assault Resulting in Serious Bodily Injury was sentenced on May 3, 2013 by Chief Judge Jeffrey L. Viken, United States District Court.
Lucas J. Tail, age 19, was sentenced to time served and 3 years of supervised release and ordered to pay $100 to the Federal Crime Victims Fund.
In June 2012, at Pine Ridge, Tail stabbed a man with a knife, causing him extreme pain and injuries to his sternum, left shoulder, and back. Tail pleaded guilty on December 5, 2012.
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. Sarah B. Collins prosecuted the case.
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, and Wounding was sentenced on May 3, 2013 by U.S. Magistrate Judge Veronica L. Duffy.
Quentine Lone Elk, age 46, was sentenced to 2 years of probation and ordered to pay $10 to the Federal Crime Victims Fund.
In October 2011, near Porcupine, Lone Elk cut another man with a knife. He pled guilty on March 8, 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.
Pine Ridge Woman Pleads Guilty to Assaulting an OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that Pamela Belt, age 49, of Pine Ridge, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on May 8, 2013 and pled guilty to Assault on a Federal Officer.
The maximum penalty upon conviction is 8 years' imprisonment and/or a $250,000 fine.
On June 10, 2012, near Oglala, Belt physically resisted an Oglala Sioux Tribal officer as he was attempting to arrest her.
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 is being prosecuted by Assistant U.S. Attorney Eric Kelderman.
A presentence investigation was ordered and a sentencing date will be set. The defendant was released on bond pending sentencing.
Nebraska Man Indicted for Aggravated Sexual Abuse of A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a North Platte, Nebraska man has been indicted by a federal grand jury for allegedly engaging in a sexual act with a three year old on July 25, 2011 at Allen, South Dakota.
Frank Red Bear, age 44, was indicted by a federal grand jury on April 16, 2013 for Aggravated Sexual Abuse of a Minor. Red Bear appeared before U.S. Magistrate Judge Veronica L. Duffy on May 8, 2013 and pled not guilty to the indictment.
The minimum penalty upon conviction is 30 years of imprisonment and a $250,000 fine. The charge is merely an accusation and Red Bear is 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.
Red Bear was remanded to the custody of the U.S. Marshal. A trial date has not been set.
Rapid City Man Convicted on Assault ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City man, Richard Harris Bear Runner, was convicted on May 8, 2013 by a jury in federal court on charges of Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Bear Runner, age 24, was indicted in November 2012 after an investigation conducted by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety. The maximum penalty upon conviction is 10 years= imprisonment and/or a $250,000 fine.
Johnson said the charges relate to an incident occurring in September 2012 when Bear Runner assaulted a woman with a wooden stick that had a sharp hook on it, causing multiple cuts on her legs and back.
The case was prosecuted by Assistant U.S. Attorneys Sarah B. Collins and Wayne A. Venhuizen. A sentencing date has not been set.
Two Men Sentenced for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that brothers Joey White Eagle, age 32, from Fort Totten, North Dakota, and Ansel White Eagle, Jr., age 33, from Bullhead, South Dakota were convicted of Assault by Striking, Beating and Wounding and were sentenced on May 8, 2013 by U.S. Magistrate Judge William D. Gerdes.
Ansel White Eagle, Jr. was sentenced to 6 months in custody and a $10 assessment to the Federal Crime Victims Fund. Joey White Eagle was sentenced to one year of probation with four months of home confinement and a $10 assessment to the Federal Crime Victims Fund.
The convictions stem from a gang fight that occurred on April 24, 2010 at Bullhead between the Little Eagle family and their supporters, and the White Eagle family and their supporters.
The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Ansel White Eagle, Jr., was remanded to the custody of the U.S. Marshal to begin serving his sentence.
Spearfish Man Pleads Guilty to Mail Fraud and Misbranding of A DrugRead the Press Release
United States Attorney Brendan V. Johnson announced that John Martin, age 74, of Spearfish, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on May 9, 2013 and pled guilty to a charge of Mail Fraud and a charge of Misbranding of a Drug. The maximum penalty upon conviction is 20 years' imprisonment and/or a $250,000 fine.
Between February 27, 2007 and December 31, 2011, Martin, who is not a physician, instructed a person to send him money and samples of blood, saliva, and hair so he could test the samples for cancer. Additionally, in April 2011 Martin directed a person to take herbal supplement pills as a treatment for cancer.
The investigation was conducted by the U.S. Postal Inspection Service, the U.S. Food and Drug Administration-Office of Criminal Investigations, the South Dakota Division of Criminal Investigation, the Spearfish Police Department, the Belle Fourche Police Department, and the Butte County Sheriff=s Office. The case is being prosecuted by Assistant U.S. Attorney Eric Kelderman.
A presentence investigation was ordered and a sentencing date will be scheduled. The defendant was released on bond pending sentencing.
McLaughlin Woman Sentenced on Assault ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota woman appeared before U.S. Magistrate Judge William D. Gerdes on May 9, 2013 and pled guilty to a Superseding Information charging Assault by Striking, Beating and Wounding and Simple Assault.
Thomasine Long Feather, age 21, was sentenced to 30 days in custody on each count to run concurrent, and a $20 special assessment to the Federal Crime Victims Fund.
Long Feather was indicted by a federal grand jury in December of 2012. The conviction stems from an incident during the early morning hours of September 19, 2012 when the Defendant unlawfully entered a home in McLaughlin with the intention of confronting the victim about a prior argument between them. Upon entering the home, the Defendant threw the victim to the ground and began to repeatedly strike the victim on the head and face.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy Morley prosecuted the case.
Long Feather is to self-surrender on May 28, 2013 to begin serving her sentence.
McLaughlin Man Pleads Guilty to Lacey Act ViolationsRead the Press Release
United States Attorney Brendan V. Johnson announced that Jeffrey Volk, age 42, of McLaughlin, South Dakota appeared before U.S. District Judge Charles B. Kornmann on May 9, 2013 and pled guilty to Count III of the Information that charged him with Lacey Act Violations.
The maximum penalty upon conviction is 1 year of imprisonment, a $100,000 fine, or both; 1 year of supervised release and an additional year of supervised release upon revocation. Restitution and a $25 special assessment to the Federal Crime Victims Fund may also be ordered.
The charge stems from an incident in November 2008 wherein Volk illegally shot and killed one 8x6 mule deer in North Dakota. At the time Volk killed the deer, he did not have a North Dakota state deer hunting license or a Standing Rock Sioux Tribe deer hunting license. After illegally killing the deer, Volk transported it to South Dakota in violation of state and federal laws. Volk also admitted to killing one other deer in North Dakota and transporting it to South Dakota.
The investigation was conducted by the U.S. Fish & Wildlife Service. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Volk was released on bond pending sentencing which has been set for August 12, 2013.
Iowa Man Pleads Guilty to Kidnapping and Firearm OffenseRead the Press Release
United States Attorney Brendan V. Johnson announced that Marco Uribe, age 25, of Sioux City, Iowa appeared before U.S. District Judge Charles B. Kornmann on May 9, 2013 and pled guilty to the Superseding Indictment that charged him with Kidnapping and Brandishing a Firearm During, in Relation to, or in Furthermore of a Crime of Violence.
The maximum penalty upon conviction is any term of years, up to life, of imprisonment, a $250,000 fine, or both; 5 years of supervised release and an additional 5 years of supervised release upon revocation. Restitution and a $100 special assessment on each count to the Federal Crime Victims Fund may also be ordered.
The charges stem from an incident in late December 2011, wherein a trailer in Mobridge was burglarized and a large quantity of cocaine and methamphetamine and several thousand dollars in cash was stolen. Marco Uribe and others kidnapped several “suspects” and took them to another location. Once there, the victims were assaulted with shod feet and hit with firearms. Uribe stuck his gun in one victim’s mouth while questioning him about the stolen drugs and cash. The victims denied knowing anything about the thefts. The real burglars were later apprehended.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
Uribe was remanded to the custody of the U.S. Marshal Service pending sentencing which has been set for August 12, 2013.
Ten Indicted in Operation Black WidowRead the Press Release
United States Attorney Brendan V. Johnson announced today that ten individuals have been arrested and indicted in federal court as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Operation Black Widow has been a multi-year investigation and has resulted in the following indictments:
Sean Jason Romanjenko, 39, of Deadwood: Charged with Felon in Possession of Firearm. If convicted, Romanjenko could face a maximum sentence of 10 years in prison, a $250,000 fine, or both.
Tracy Kay Voss, 31, of Watertown: Charged with Making False Statements in the Acquisition of Firearms. If convicted, Voss could face a maximum sentence of 10 years in prison, a $250,000 fine, or both.
Todd Karl Bramer, 46, of Watertown: Charged with Possession of Firearms by a Prohibited Person. If convicted, Bramer could face a maximum sentence of 10 years in prison, a $250,000 fine, or both.
Robert Gray Graham, 72, of Watertown: Charged with Wire Fraud. If convicted, Graham could face a maximum sentence of 30 years in prison, a $1 million fine, or both.
Eric Allen Block, 37, of Watertown: Charged with conspiracy to distribute 50 grams or more of methamphetamine.
Patricio Rodriguez Pena, 55, of Sioux Falls: Charged with conspiracy to distribute 50 grams or more of methamphetamine.
Robin Lee Engel, 41, of Watertown: Charged with conspiracy to distribute 50 grams or more of methamphetamine.
Christopher McDaniel Schmidt, 39, of Watertown: Charged with conspiracy to distribute 50 grams or more of methamphetamine.
Richard Donald Ruml, 42, of Watertown: Charged with conspiracy to distribute 50 grams or more of methamphetamine.
Chad Everic Haight, 40, of Watertown: Charged with conspiracy to distribute 50 grams or more of methamphetamine.
If convicted, Block, Pena, Engel, Schmidt, Ruml, and Haight could face a mandatory minimum of 10 years in prison, maximum life, a $10 million fine, or both.
"Operation Black Widow is an extensive criminal investigation into a wide variety of alleged criminal activity, including illegal gun and drug trafficking. The Operation is led by the ATF with significant assistance from other law enforcement agencies including the Watertown Police Department, the Codington County Sheriff, the SD Division of Criminal Investigation, and the Drug Enforcement Administration,” said U.S. Attorney Johnson.
Special Agent in Charge Scott Sweetow of the ATF St. Paul Field Division added, "This ongoing proactive investigation has resulted in the arrest of several individuals who have allegedly violated numerous federal and state laws, including violent crimes, in the state of South Dakota. ATF will continue to pursue those who pose a danger to our community.”
The charges contained in the indictments are merely accusations, and all of the individuals named are presumed innocent unless and until they are proven guilty. The case is being prosecuted by Assistant U.S. Attorney John E. Haak.
Pena, Block, Haight, and Romanjenko were detained. All other defendants were released on conditions.
Mission 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 Mission, South Dakota man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Frank Swalley, age 29, was indicted by a federal grand jury on July 18, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 8, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is up to 10 years in custody, a $250,000 fine, or both; 3 years of supervised release; and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge is merely an accusation and Swalley 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 Timothy M. Maher is prosecuting the case.
Swalley was remanded to the custody of the U.S. Marshal pending trial. A trial date is set for July 9, 2013.
Minnesota Man Sentenced for Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that a Marshall, Minnesota man charged with Failure to Pay Legal Child Support was sentenced on May 3, 2013 by U.S. Magistrate Court Judge John E. Simko.
Larry T. Davis, age 38, was sentenced to 2 years of probation, a $10 special assessment to the Federal Crime Victims Fund, and child support restitution in the amount of $12,974.00.
Davis was indicted for failing to pay over $11,774.00 by a federal grand jury on December 4, 2012. On or about January 1, 2010, a past due child support obligation was imposed on Davis by the Third Judicial Circuit Court, Brookings County, South Dakota for the benefit of his minor child. The obligation went unpaid for more than one year and was in an amount greater than $5,000. At that time, the defendant was residing in Minnesota while his minor child resided in South Dakota. From that date and continuing to the present, Davis has willfully and unlawfully failed to pay this past due child support obligation. He pled guilty to the charge on April 12, 2013.
This case was investigated by the Department of Health and Human Services, Office of Inspector General. Assistant U.S. Attorney Thomas J. Wright prosecuted the case.
Eagle Butte Woman Pleads Guilty to Possession with Intent to Distribute A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that Lena Flying By, age 46, of Eagle Butte, South Dakota appeared before U.S. District Judge Roberto A. Lange on May 7, 2013 and pled guilty to Count II of the Indictment that charged her with Possession with Intent to Distribute a Controlled Substance.
The maximum penalty upon conviction is not more than 5 years of imprisonment, a $250,000 fine, or both; a mandatory period of 2 years of supervised release and an additional year of supervised release upon revocation. Restitution and a $100 special assessment to the Federal Crime Victims Fund may also be ordered.
The charge stems from an incident wherein Cheyenne River law enforcement conducted a vehicle stop and learned from the driver that he had purchased marijuana from a residence in Eagle Butte. After obtaining a search warrant, law enforcement searched the residence and found marijuana along with other drug paraphernalia. Flying By admitted to aiding and abetting the selling of marijuana in her home.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and the Cheyenne River Sioux Tribe Law Enforcement. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
Flying By was released on bond pending sentencing which has been set for July 22, 2013.
Eagle Butte Man Pleads Guilty to Distribution of A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that Earl Grindstone, age 28, of Eagle Butte, South Dakota appeared before U.S. District Judge Roberto A. Lange on May 7, 2013 and pled guilty to Count I of the Indictment that charged him with Distribution of a Controlled Substance.
The maximum penalty upon conviction is not more than 5 years of imprisonment, a $250,000 fine, or both; a mandatory period of 2 years of supervised release and an additional year of supervised release upon revocation. Restitution and a $100 special assessment to the Federal Crime Victims Fund may also be ordered.
The charge stems from an incident wherein Cheyenne River law enforcement conducted a vehicle stop and learned from the driver that he had purchased marijuana from a residence in Eagle Butte. After obtaining a search warrant, law enforcement searched the residence and found marijuana along with other drug paraphernalia. Grindstone admitted to selling marijuana.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and the Cheyenne River Sioux Tribe Law Enforcement. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
Grindstone was released on bond pending sentencing which has been set for July 22, 2013.
Wounded Knee Man Guilty of AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that Lyle Sutton, age 26, of Wounded Knee, appeared before U.S. Magistrate Judge Veronica L. Duffy on May 3, 2013, and pleaded guilty to Assault with a Dangerous Weapon. The Magistrate Judge is expected to recommend Sutton’s plea be accepted by the District Court. The maximum penalty upon conviction is 10 years' imprisonment and/or a $250,000 fine.
On December 28, 2012, Sutton struck a woman with a wooden bat, causing nasal and cheek fractures and severe bruising on her back. 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 is being prosecuted by Assistant U.S. Attorneys Wayne A. Venhuizen and Sarah B. Collins.
A presentence investigation was ordered, and a sentencing date will be set. The defendant was remanded to the custody of the U.S. Marshal pending acceptance of this plea and sentencing.
Sturgis Woman Sentenced for Stealing Money from the American Federation of Government Employees Union at the VA in Ft. MeadeRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sturgis woman convicted of Larceny was sentenced on May 6, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court. Melody Wouden, a/k/a Melody Delong, age 49, was sentenced to 6 months of unsupervised probation and ordered to pay $25 to the Federal Crime Victims Fund.
Wouden was indicted for False Statement and Larceny by a federal grand jury on October 23, 2012. The charges related to Wouden stealing less than $1,000 from the American Federation of Government Employees (AFGE) Local 2342 while she was serving as the labor union’s president between 2008 and 2011. Wouden pleaded guilty to the Larceny charge on January 15, 2013.
This case was investigated by the Department of Labor. Assistant U.S. Attorney Wayne Venhuizen prosecuted the case.
St. Francis Man Sentenced for Assaulting, Resisting, Opposing, and Impeding A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man convicted of Assaulting, Resisting, Opposing and Impeding a Federal Officer was sentenced on May 7, 2013, by U.S. District Judge Roberto A. Lange. Jeffrey Lynn Curry, age 29, was sentenced to 20 months in custody, 2 years of supervised release, and $100 to the Federal Crime Victims Fund.
Curry was indicted by a federal grand jury on August 22, 2013, and pled guilty to the charge on February 12, 2013.
The conviction stems from an incident that took place on July 22, 2012, when Curry’s vehicle was being pursued by officers. Curry drove his vehicle at an officer’s vehicle, which caused the officer’s vehicle to leave the roadway to avoid being hit. Curry used similar driving behaviors to force other officers and at least one citizen to take evasive action to avoid Curry’s vehicle.
The investigation was conducted by Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Timothy M. Maher.
Curry was remanded to the custody of the U.S. Marshal.
Rosebud Woman Guilty of AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that Kelcey Andrews, age 21, of Rosebud, South Dakota, appeared before U.S. Magistrate Judge Mark A. Moreno on May 7, 2013, and pled guilty to Assault by Striking, Beating and Wounding, and Simple Assault. The maximum penalty upon conviction on each count is 6 months in custody, a $5,000 fine, or both; and $10 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on August 3, 2012, when Andrews reached into the front passenger window of a car in which the victim was located and punched the victim in the face, and then grabbed the victim by the hair.
The investigation was conducted by Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.
A presentence investigation was ordered, and a sentencing date was set for July 8, 2013. Andrews was released on bond pending sentencing.
Rapid City Man Guilty of Distributing Child PornographyRead the Press Release
United States Attorney Brendan V. Johnson announced that Gary Scott Whiting, age 49, of Rapid City, appeared before U.S. Magistrate Judge Veronica L. Duffy on May 3, 2013, and pleaded guilty to Distribution of Child Pornography. The Magistrate Judge is expected to recommend Whiting’s plea be accepted by the District Court. The penalty upon conviction is 5 years mandatory minimum up to 20 years of imprisonment and/or a $250,000 fine.
Between May and July 2012, at Rapid City, Whiting knowingly distributed material that contained images of child pornography.
The investigation was conducted by the South Dakota Division of Criminal Investigation. The case is being prosecuted by Assistant U.S. Attorney Sarah B. Collins.
A presentence investigation was ordered, and a sentencing date will be set. The defendant was remanded to the custody of the U.S. Marshal pending acceptance of this plea and sentencing.
Mitchell Man Guilty of Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that Terace Castaway, age 30, of Mitchell, South Dakota, appeared before U.S. District Judge Roberto A. Lange on May 6, 2013, and pled guilty to the Superseding Information that charged him with Sexual Abuse. The maximum penalty upon conviction is life in prison, a $250,000 fine, or both; a mandatory minimum term of 5 years up to life of supervised release. If Castaway is found by a preponderance of the evidence to have violated a condition of supervised release, he may be incarcerated for an additional term of up to 5 years on any such revocation with one exception. If Castaway commits a new felony violation of chapter 109A (sexual abuse), chapter 110 (sexual exploitation and other abuse of children), chapter 117 (transportation for illegal sexual activity and related crimes), section 1201 (kidnaping), or section 1591 (sex trafficking of children or by force, fraud, or coercion), while on supervised release, he may be incarcerated for a mandatory minimum term of 5 years up to life for such a violation. Restitution and a $100 special assessment to the Federal Crime Victims Fund may also be ordered.
The charge stems from an incident that took place between August 1, 2008, and May 31, 2009, when Castaway knowingly engaged in a sexual act with a child by the use of fear. As part of the plea agreement, Castaway also admitted to sexually abusing three other young girls.
The investigation was being conducted by the Federal Bureau of Investigation, and Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case. A Presentence Investigation Report has been ordered.
Castaway was remanded to the custody of the U.S. Marshal pending sentencing which has been set for August 5, 2013.
Former Rapid City Surgeon Sentenced for Tax EvasionRead the Press Release
United States Attorney Brendan V. Johnson announced that Edward J.S. Picardi, age 56, a former Rapid City surgeon who resides in Sturgis, South Dakota was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court, on May 7, 2013.
Picardi was previously convicted of 13 separate counts, including five counts of tax evasion for years 1999 through 2003; five counts of making false statements on each of his tax returns for years 2004 through 2008; and three counts of failing to file required reports with the United States Treasury Department in 2007 through 2009 disclosing his interest in foreign accounts.
Picardi received the statutory maximum sentence of 60 months in custody for Counts 1-5 of tax evasion; 36 months for Counts 6-10 of making false statements; and 60 months for Counts 11-13 of failing to file required reports. The sentences will run concurrently for a total of 60 months in custody. He also received 1 year of supervised release and was ordered to pay a $1,300 special assessment fee.
“Dr. Picardi’s attempt to hide his assets wasn’t tax planning, it was criminal activity. This prosecution serves notice that individuals who seek to cheat their fellow American taxpayers will be fully investigated, prosecuted and subjected to the full punishment of the law for their actions,” said U.S. Attorney Johnson.
On October 5, 2012 following a multi-week trial, Picardi was convicted by a federal jury after hearing evidence that he sent his earnings through a complicated offshore network. His earnings passed through a web of entities organized under the laws of Ireland, Hungary, Cyprus, Isle of Man, Jersey, and Guernsey. The money was ultimately deposited into various foreign accounts that Picardi controlled through a New Zealand trust, in the name of a corporation set up for him in Nevis, a Caribbean island. Through these offshore transactions, Picardi attempted to hide his income and evade over $1 million in taxes.
The case was investigated by the Criminal Investigation Division of the Internal Revenue Service and prosecuted by Assistant U.S. Attorney Kevin Koliner.
Picardi is to report to the U.S. Marshal on May 14, 2013 to begin serving his sentence.
Wanblee Man Sentenced on Assault ChargeRead the Press Release
U.S. Attorney Brendan V. Johnson announced that a Wanblee man convicted of Assault Resulting in Serious Bodily Injury was sentenced on May 6, 2013, by U.S. District Judge Roberto A. Lange. Jeffrey M. Chips, a/k/a Jeffrey M. Chipps, age 23, was sentenced to 36 months of imprisonment, 2 years of supervised release, and a $100 special assessment.
Chipps was indicted by a federal grand jury in October 2012. He pled guilty to Count II of the Indictment on February 12, 2013. The conviction stems from an incident on May 4, 2012, when Chipps was riding in a car in Mission, South Dakota, and came upon two women walking along the road. The car came to a stop, and two occupants of the vehicle exited and confronted the victim. A fight ensued, and Chipps then exited the vehicle and joined in the assault. Chipps struck the victim and fractured her jaw, among other injuries.
This case was investigated by Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Troy Morley prosecuted the case.
Chipps was immediately turned over to the custody of the U.S. Marshal.
Mission Man Sentenced on Firearm ConvictionRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on May 6, 2013, by U.S. District Judge Roberto A. Lange. Gary Joe Emery, age 27, was sentenced to 5 months in custody, 5 months of supervised release, and $100 to the Federal Crime Victims Fund.
Emery was indicted by a federal grand jury on September 19, 2012, and pled guilty to the charge on February 6, 2013.
On April 13, 2009, Emery was convicted of a felony in United States District Court – District of South Dakota. On June 10, 2012, Emery possessed a firearm at his residence in Todd County, South Dakota.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.
Emery was remanded to the custody of the U.S. Marshal.
Martin Woman Sentenced for Distribution of MorphineRead the Press Release
United States Attorney Brendan V. Johnson announced that a Martin woman convicted of Distribution of a Controlled Substance was sentenced on April 29, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court. Tillie Dawn Dubray, age 43, was sentenced to 1 year of probation, a $250 fine, and a $100 special assessment to the Federal Crime Victims Fund.
On January 31, 2012, Dubray illegally distributed morphine in Martin, South DakotaDubray pleaded guilty to the charge on November 29, 2012.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, the Northern Plains Safe Trails Drug Enforcement Task Force, and the Federal Bureau of Investigation. Assistant U.S. Attorney Ted L. McBride prosecuted the case.