District of South Dakota
Press releases recorded for this federal judicial district.
Iowa Man Charged with Bank RobberyRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Waterloo, Iowa, man has been indicted by a federal grand jury for Bank Robbery.
Phillip Christopher Hanten, age 40, was indicted on June 2, 2021. He appeared before U.S. Magistrate Judge Veronica L. Duffy on June 15, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in federal prison and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on May 8, 2021, Hanten took and attempted to take money belonging to the Wells Fargo Bank, located in Sioux Falls, South Dakota, a bank whose deposits were then insured by the Federal Deposit Insurance Corporation.
The charge is merely an accusation and Hanten is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Sioux Falls Police Department and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Hanten was returned to state custody pending trial. A trial date has not been set.
Todd County Man Indicted for Aggravated Sexual Abuse, Assault with a Dangerous Weapon, Failure to Register as a Sex Offender, and Related OffensesRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Todd County, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Minor, Assault With a Dangerous Weapon Against a Minor, Sexual Abuse of a Minor, Commission of a Sex Offense Against a Minor While Required to Register as a Sex Offender, Commission of a Crime of Violence While Failing to Register as a Sex Offender, and Failure to Register as a Sex Offender.
Alton Bear Heels, age 29, was indicted on June 8, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 11, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in prison and/or a $250,000 fine, five years up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between on or about April 4, 2021, and on or about April 5, 2021, in Todd County, Bear Heels knowingly engaged in, and attempted to engage in, a sexual act with a minor who had attained the age of 12 years but had not attained the age of 16 years by the use of force and by threat of death and serious bodily injury. The indictment also alleges that between on or about April 3, 2021, and April 5, 2021, Bear Heels assaulted the minor with dangerous weapons, specifically a metal bar, a knife, a collapsible baton, and a bat, with the intent to bodily harm.
The indictment further alleges that, at the time of the above described conduct, Bear Heels was a person required to register under the Sex Offender Registration and Notification Act by virtue of a conviction under Indian tribal law, and that he knowingly failed to register and update his registration.
The charges are merely accusations and Bear Heels 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 Kirk Albertson is prosecuting the case.
Bear Heels was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Todd County Man Indicted for Aggravated Sexual Abuse of a ChildRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Todd County, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child.
Conrad Good Voice, Jr., age 26, was indicted on June 8, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 11, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in prison and/or a $250,000 fine, five years up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between on or about March 1, 2019, and March 1, 2021, in Todd County, Good Voice knowingly engaged in, and attempted to engage in, a sexual act with two children under the age of 12.
The charges are merely accusations and Good Voice 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 Kirk Albertson is prosecuting the case.
Good Voice was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
St. Francis Man Sentenced for Methamphetamine DistributionRead the Press Release
Acting United States Attorney Dennis Holmes announced that a St. Francis, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance, was sentenced on June 14, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Antoine Joseph Metcalf, a/k/a Tony Metcalf, age 49, was sentenced to 30 months in federal prison, followed by two years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Metcalf was indicted by a federal grand jury on August 14, 2019. He pled guilty on March 29, 2021.
The conviction stemmed from a conspiracy that occurred between January 2015 and December 2019. During this time, Metcalf conspired with several others to distribute between 200 and 350 grams of methamphetamine on the Rosebud Sioux Indian Reservation in central South Dakota.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Meghan N. Dilges prosecuted the case.
Metcalf was immediately remanded to the custody of the U.S. Marshals Service.
Minnesota Man Sentenced for Travel with Intent to Engage in Illicit Sexual Conduct with a MinorRead the Press Release
Acting United States Attorney Dennis Holmes announced that a St. Cloud, Minnesota, man convicted of Travel with Intent to Engage in Illicit Sexual Conduct with a Minor was sentenced on June 14, 2021, by U.S. District Judge Karen E. Schreier.
Nathan Paul Grondahl, age 25, was sentenced to 135 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $5,100.
Grondahl was indicted by a federal grand jury on December 10, 2019. He pled guilty on March 22, 2021.
The conviction stemmed from an incident on November 22, 2019, when Grondahl left his home in Minnesota to travel to Hartford, South Dakota, for the purpose of engaging in illegal sexual conduct with a 13-year old female. Grondahl had met the minor on social media and had been communicating with her for a few days. Grondahl also requested that the minor female send him nude pictures of herself.
This case was investigated by the Minnehaha County Sheriff’s Office and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Grondahl has been allowed to self-surrender by June 28, 2021.
Kadoka Man Sentenced for Meth TraffickingRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Kadoka, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on June 14, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Timothy Kills In Water, age 34, was sentenced to 75 months in federal prison, followed by four years of supervised release, and a special assessment to the Federal Crime Victims fund in the amount of $100.
Kills In Water was indicted by a federal grand jury on March 9, 2020. He pled guilty on March 31, 2021.
Between October 2017 and May 2018, Kills In Water knowingly and intentionally conspired with others to distribute methamphetamine in South Dakota. In total, Kills In Water distributed between 500 grams and 1,500 grams of methamphetamine to other people, who sold it on the Rosebud Sioux Indian Reservation.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services, the Northern Plains Safe Trails Drug Enforcement Task Force, the Bureau of Indian Affairs, Office of Justice Services, and the Rapid City Police Department. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Kills In Water was immediately remanded to the custody of the U.S. Marshals Service.
Fort Pierre Woman Indicted on Methamphetamine ChargesRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Fort Pierre, South Dakota, woman has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.
Lisa Herren, a/k/a Lisa Miller, age 42, was indicted on June 8, 2021. She appeared before U.S. Magistrate Judge Mark A. Moreno on June 11, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 40 years in prison, including a mandatory minimum of five years in prison, a $5,000,000 fine, and at least four years, up to life of supervised release, and $100 to the Federal Crime Victims Fund for each Count. Restitution may also be ordered.
The Indictment alleges that between September 2018 and June 2021, Herren was involved in a conspiracy with several others to distribute over 50 grams of methamphetamine in and around the Pierre and Fort Pierre, South Dakota, area.
The charge is merely an accusation and Herren is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, Federal Bureau of Investigation, South Dakota Division of Criminal Investigation, and the South Dakota Highway Patrol. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Herren was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
St. Francis Man Sentenced for Methamphetamine DistributionRead the Press Release
Acting United States Attorney Dennis Holmes announced that a St. Francis, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance, was sentenced on June 7, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Richard Charles Young, a/k/a RC Young, age 46, was sentenced to 60 months in federal prison, followed by four years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Young was indicted by a federal grand jury on August 14, 2019. He pled guilty on March 25, 2021.
The conviction stemmed from a conspiracy that occurred between January 2015 and December 2019. During this time, Young conspired with several others to distribute between 200 and 350 grams of methamphetamine on the Rosebud Sioux Indian Reservation in central South Dakota.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Meghan N. Dilges prosecuted the case.
Young was immediately remanded to the custody of the U.S. Marshals Service.
Sioux Falls Woman Sentenced for Meth and Launder Trafficking ConspiracyRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Sioux Falls, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance (methamphetamine) and Conspiracy to Launder Monetary Instruments was sentenced on June 3, 2021, by U.S. District Judge Karen E. Schreier.
Maria Delsolorro Garibay, age 37, was sentenced to 108 months in federal prison for each count to be served concurrently, followed by three years of supervised release on each count to run concurrently, and a special assessment to the Federal Crime Victims Fund in the amount of $200.
Garibay was indicted by a federal grand jury on September 1, 2020. She pled guilty on March 8, 2021.
The conviction regarding methamphetamine distribution stemmed from incidents beginning on an unknown date and continuing until approximately August 2020, when Garibay, along with at least one other person reached an agreement or came to an understanding to distribute 500 grams or more of a mixture of a substance containing methamphetamine in the District of South Dakota. Methamphetamine is a Schedule II controlled substance.
The conviction regarding money laundering stemmed from incidents beginning on an unknown date and continuing until approximately August 2020, when Garibay knowingly and intentionally combined, conspired, confederated, and agreed together, and with others, to knowingly conduct and attempt to conduct money transfers at financial institutions and transporting case drug proceeds, which involved the proceeds of a conspiracy to distribute a controlled substance.
This case was investigated by the South Dakota Division of Criminal Investigation, the Sioux Falls Area Drug Task Force, and the Drug Enforcement Administration. Special Assistant U.S. Attorney Tamara Nash prosecuted the case.
Garibay was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Indicted for Failure to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Michael Lovejoy, Jr., age 38, was indicted on June 8, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 10, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, five years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between September 28, 2020, and April 29, 2021, Lovejoy, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under state law, failed to properly register as a sex offender and update his registration.
The charge is merely an accusation and Lovejoy is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Lovejoy was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rapid City Woman Sentenced to 20 Years for Meth Trafficking ConspiracyRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, woman who pleaded guilty to Conspiracy to Distribute a Controlled Substance was sentenced on June 4, 2021, by U.S. District Court Judge Karen E. Schreier.
Sara Skinner, age 34, was sentenced to 20 years in federal prison, followed by five years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
From approximately July 2019 to late December 2019, methamphetamine was brought to South Dakota from Nevada by others. Skinner then dispersed the methamphetamine to others for use or additional distribution.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was investigated by the Unified Narcotics Enforcement Team (UNET), Drug Enforcement Agency, the South Dakota Division of Criminal Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. UNET is comprised of law enforcement from the Pennington County Sheriff’s Office, Rapid City Police Department, South Dakota Division of Criminal Investigation, and the South Dakota National Guard. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Skinner was immediately returned to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced to 10 Years for Meth Trafficking ConspiracyRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man who pleaded guilty to Conspiracy to Distribute a Controlled Substance was sentenced on June 4, 2021, by U.S. District Court Chief Judge Roberto Lange.
Eric Bonadore, age 52, was sentenced to 10 years in federal prison, followed by five years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
From approximately November 2018 to March 2019, Bonadore brought methamphetamine from Colorado to South Dakota. Bonadore travelled to Colorado on at least two occasions to obtain methamphetamine from a person introduced to him by a co-defendant. The defendant then dispersed the methamphetamine to others for use or additional distribution in South Dakota.
This case was investigated by the Unified Narcotics Enforcement Team (UNET), Drug Enforcement Agency, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. UNET is comprised of law enforcement from the Pennington County Sheriff’s Office, Rapid City Police Department, South Dakota Division of Criminal Investigation, and the South Dakota National Guard.
Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Bonadore was immediately returned to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Methamphetamine ChargeRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Rapid City, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on June 7, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Daniel Roan Eagle, age 30, was sentenced to 55 months in federal prison, followed by three years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Roan Eagle was indicted by a federal grand jury on January 15, 2020. He pled guilty on March 17, 2021.
The conviction stemmed from an incident that occurred on October 27, 2019, on a rural road in Todd County. During the early morning hours, Roan Eagle became stranded during a snowstorm. Officers were able to locate Roan Eagle and get him to safety. During the contact officers found a backpack that contained marijuana and 80 grams of methamphetamine, along with a scale and other drug paraphernalia items. Roan Eagle was intending to distribute the methamphetamine on the Rosebud Indian Reservation in central South Dakota.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Meghan N. Dilges prosecuted the case.
Roan Eagle was immediately remanded to the custody of the U.S. Marshals Service.
Mosher Man Charged with Failure to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Mosher, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Tyrone Steven Andrews, age 29, was indicted on June 2, 2021. He appeared before U.S. Magistrate Judge Veronica L. Duffy on June 4, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that Andrews, who had previously been convicted of a sex crime and required to register under the Sex Offender Registration and Notification Act, failed to do so between November 1, 2020, and June 2, 2021.
The charge is merely an accusation and Andrews is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Andrews was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mobridge Man Indicted for AssaultRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Mobridge, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Luke Newton Mowrer, age 33, was indicted on March 9, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 8, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is ten years in federal prison and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
On October 5, 2019, near McLaughlin, South Dakota, Mowrer assaulted two individuals with a knife. One of the victims suffered a cut to the neck, while the other victim had her jacket slashed from the assault.
The charges are merely accusations and Mowrer is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Office of Justice Services. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Mowrer was released on bond pending trial. A trial date has not been set.
Mission Man Sentenced for Theft of Government PropertyRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Mission, South Dakota, man convicted of Theft of Government Property was sentenced on June 7, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Preston White Feather, age 25, was sentenced to 22 months in federal prison, followed by three years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100. White Feather was also ordered to pay restitution in the amount of $26,198.30.
White Feather was indicted by a federal grand jury on August 11, 2020. He pled guilty on March 22, 2021.
The conviction stemmed from White Feather’s participation in a series of burglaries in Mission in April of 2021. Between April 2, 2021, and April 15, 2021, White Feather was involved in the burglary of multiple local businesses in Mission. On April 16, 2021, White Feather broke into the Bureau of Indian Affairs (BIA) Administration Building in Mission, and stole a pickup truck. On April 21, 2021, White Feather burglarized the BIA building a second time.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
White Feather was immediately remanded to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Firearm ChargeRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Mission, South Dakota, man convicted of Prohibited Person in Possession of a Firearm was sentenced on June 7, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Patrick Leonard Iron Cloud, Jr., age 39, was sentenced to 16 months in federal prison, followed by three years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100. He was also ordered to forfeit all interest in the Colt pistol and ammunition seized.
Iron Cloud was indicted by a federal grand jury on November 10, 2020. He pled guilty on March 22, 2021.
The conviction stemmed from an incident that occurred on October 2, 2020, in Mission. Iron Cloud was involved in a traffic stop, and during the encounter law enforcement officers located various items of drug use and the Colt pistol. The Defendant has a prior felony conviction and is a drug user, making it illegal for him to possess any firearm.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, the Rosebud Sioux Tribe Law Enforcement Services, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Meghan N. Dilges prosecuted the case.
Iron Cloud was immediately remanded to the custody of the U.S. Marshals Service.
Minnesota man Sentenced in Federal Court for Abusive Sexual ContactRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Browns Valley, Minnesota, man convicted of abusive sexual contact was sentenced on June 7, 2021, by U.S. District Judge Charles B. Kornmann.
Howard Edison Derby, Jr., age 35, was sentenced to 120 months in federal prison, followed by five years of supervised release, and a $1,000 fine. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Derby was indicted for aggravated sexual abuse and sexual abuse by a federal grand jury on July 20, 2020. He pled guilty to abusive sexual contact on March 18, 2021.
According to court documents, on or about the 23rd day of November, 2018, in Roberts County, Derby knowingly engaged in and attempted to engage in sexual contact with the victim, that is, sexual contact, by using force, involving Derby’s intentional touching, either directly or through clothing, of the victim’s genitalia.
Specifically, after the victim had alcoholic beverages to celebrate a friend’s birthday, she became intoxicated. The celebration concluded at the victim’s friend’s house, where she decided to sleep on a couch. Derby was present at that time and knew the victim was intoxicated and tired. Derby perpetrated the sexual assault knowing of the victim’s vulnerable state.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Jeremy Jehangiri prosecuted the case.
Derby was immediately turned over to the custody of the U.S. Marshals Service.
Hot Springs Man Sentenced for Firearm ChargeRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Hot Springs, South Dakota, man convicted of Prohibited Person in Possession of a Firearm was sentenced on June 7, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Matthew Leddon, age 45, was sentenced to seven months in federal prison, followed by two years of supervised release, including five months of home confinement, and a special assessment to the Federal Crime Victims Fund in the amount of $100. Leddon was also ordered to forfeit all interest in the SIG Sauer pistol and ammunition seized.
Leddon was indicted by a federal grand jury on March 10, 2020. He pled guilty on March 22, 2021.
The conviction stemmed from an incident that occurred on December 24, 2019. Leddon, who was previously convicted of a felony drug offense, was traveling across the state when he ended up in the median along the interstate in Lyman County. A South Dakota Highway Patrol Trooper stopped to assist Leddon. During the interaction, the Trooper learned Leddon was a prohibited person due to the drug conviction and discovered the pistol in the vehicle.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, the South Dakota Highway Patrol, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Meghan N. Dilges prosecuted the case.
Leddon was immediately remanded to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for Assault by Strangulation and SuffocationRead the Press Release
Acting United States Attorney Dennis Holmes announced that an Eagle Butte, South Dakota, man convicted of Assault by Strangulation and Suffocation was sentenced on June 7, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Seth Stadel, a/k/a Seth Carter, age 27, was sentenced to 57 months in federal prison, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Stadel was indicted by a federal grand jury on August 11, 2020. He pled guilty on March 22, 2021.
The conviction stemmed from an incident that occurred on June 10, 2020, near Lantry, South Dakota, wherein Stadel assaulted his intimate partner by grabbing her by the throat and strangling her until she began to lose consciousness. When she tried to run away, Stadel tackled her, breaking her arm.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Stadel was immediately turned over to the custody of the U.S. Marshals Service.
Six Men Sentenced for Meth and Money Laundering ConspiracyRead the Press Release
Acting United States Attorney Dennis Holmes announced that six Defendants convicted of Conspiracy to Distribute a Controlled Substance and Conspiracy to Launder Monetary Instruments, have been sentenced to federal prison terms by U.S. District Judge Karen E. Schreier.
Matthew Thomas Houff, age 25, from Los Angeles, California, was sentenced on June 3, 2021, to 360 months in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $200.
Dominic Shawn Walberg, age 20, from Sioux Falls, South Dakota, was sentenced on June 3, 2021, to 120 months in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Sameer Eugene Gentry, age 34, from Pasadena, California, was sentenced on May 17, 2021, to 330 months in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $200.
Cody Lee Jackson-Duimstra, age 25, from Sioux Falls, South Dakota, was sentenced on October 19, 2020, to 180 months of federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Mycah Jayden Burns, age 31, from Crooks, South Dakota, was sentenced on September 14, 2020, to 168 months in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Zachary Alanjon Trippler, age 27, from Sioux Falls, South Dakota, was sentenced on August 26, 2020, to 120 months in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Trippler, Houff, and Burns were indicted on December 17, 2019; Jackson-Duimstra was indicted on January 7, 2020; Gentry was indicted on March 10, 2020; and Walberg was indicated on August 17, 2020.
Trippler pled guilty on June 3, 2020; Houff pled guilty on March 22, 2021; Burns pled guilty on August 17, 2020; Jackson-Duimstra pled guilty on July 20, 2020; Gentry pled guilty on February 24, 2021; and Walberg pled guilty on March 1, 2021.
The conviction stemmed from incidents beginning at an unknown date and continuing until on or about October 6, 2020, in the District of South Dakota and elsewhere, when Defendants knowingly and intentionally combined, conspired, confederated, and agreed together, with others known and unknown, to knowingly and intentionally distribute a mixture and substance containing 500 grams or more of methamphetamine, which is a Scheduled II controlled substance.
Houff and Gentry wired funds derived from the sale of methamphetamine by utilizing various phone applications. They wired the money for the purpose of concealing the fact that the money they were sending was acquired from the sale of the methamphetamine on behalf of the conspiracy.
“Now that Mr. Gentry, Mr. Houff and the other defendants are being held accountable for their involvement in the methamphetamine distribution and money laundering conspiracy, the public is safer,” said Amanda Prestegard, Acting Special Agent in Charge of the IRS Criminal Investigation division in the St. Louis Field Office. “IRS CI, along with our law enforcement partners, and the U.S. Attorney’s Office are committed to dismantling and disrupting drug and money laundering organizations.”
This case was investigated by the U.S. Postal Inspection Service, Sioux Falls Area Drug Task Force, Homeland Security Investigations, and the Internal Revenue Service. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
All Defendants were turned over to the custody of the U.S. Marshals Service following their sentencings.
Sex Offender Sentenced in Federal CourtRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a South Dakota man convicted of failure to register as a sex offender was sentenced on June 7, 2021, by U.S. District Judge Lawrence L. Piersol.
Jeremiah Calvin Rederth, age 39, was sentenced to 15 months in custody, followed by five years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Rederth was indicted for failure to register as a sex offender by a federal grand jury on March 2, 2021. He pled guilty on April 8, 2021.
According to court documents, Rederth was convicted in 2010 of fourth degree rape, a Class 3 Felony, in the 3rd Judicial Circuit, South Dakota. He was sentenced to 10 years, and two years of the sentence were suspended with conditions. As a result of his prior conviction, Rederth is classified as a Tier II sex offender, which requires him to register two times per year and update the sex offender registry within three days of any change of address, school, or place of employment. Rederth knew of his obligation to register as a sex offender and to update his registration but failed to do so.
This case was investigated by the U.S. Marshal’s Service. Assistant U.S. Attorney Jeremy Jehangiri prosecuted the case.
Rederth was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced to Federal Prison on Firearm ChargeRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced by Jeffrey L. Viken, U.S. District Judge.
Maurice “Mo” Wilford, age 34, was sentenced on June 4, 2021, to seven years in federal prison, followed by three years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The conviction stems from Wilford, a previously convicted felon, who is prohibited from possessing firearms, unlawfully possessing four rifles and a pistol in August 2017 during a traffic stop at Rapid City.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the South Dakota Division of Criminal Investigation, and the Rapid City Police Department. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Wilford was immediately remanded to the custody of the U.S. Marshals Service.
North Dakota Man Charged with Failure to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Bismarck, North Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
John James Moran, age 49, was indicted on May 4, 2021. He appeared before U.S. Magistrate Judge Veronica L. Duffy on June 3, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that Moran, who had previously been convicted of a sex crime and required to register under the Sex Offender Registration and Notification Act, failed to do so between August 17, 2020, and May 4, 2021.
The charge is merely an accusation and Moran is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Moran was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Lake Andes Man Sentenced for Domestic Assault by an Habitual OffenderRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Lake Andes, South Dakota, man convicted of Domestic Assault by an Habitual Offender was sentenced on June 2, 2021, by U.S. District Judge Karen E. Schreier.
Ambrose Arlen Rouse, age 48, was sentenced to 35 months in federal prison, followed by three years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Rouse was indicted by a federal grand jury on August 17, 2020. He pled guilty on March 22, 2020.
The conviction stemmed from an incident on or about June 11, 2020 in Lake Andes, South Dakota. Rouse and his wife were in their residence drinking. At some point Rouse and his wife began arguing, and Rouse struck his wife in the head with her own walking cane and caused bodily injury to her. The assault was not done in self-defense, nor was it otherwise legally justified. At the time of this domestic assault, Rouse had at least two final convictions for offenses involving assaults against a spouse or intimate partner.
This case was investigated by the Federal Bureau of Investigation and the Yankton Sioux Law Enforcement. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
Rouse was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Indicted for Failre to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Louis Andrew Rabbitt, Jr., age 40, was indicted on October 16, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 3, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, five years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Rabbitt was convicted of Sexual Abuse of a Minor in August 2001. As a result of this conviction, he is required to register as a sex offender. It is alleged that between July 21, 2019, and October 16, 2019, Rabbitt, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender and update his registration.
The charge is merely an accusation and Rabbitt is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Rabbitt was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rapid City Man Sentenced on Firearm ChargeRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man convicted of Possession of a Firearm and Ammunition by a Prohibited Person was sentenced by Jeffrey L. Viken, U.S. District Judge.
Allen Libby, age 29, was sentenced on May 26, 2021, to 48 months in federal prison and 3 years of supervised release and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The charge relates to Libby, a previously convicted felon who is prohibited from possessing firearms, knowingly possessing a Hi-Point, 9mm semiautomatic pistol and 9mm ammunition, which was found after Libby came into contact with law enforcement in April 2020 in Rapid City.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation was conducted by the Bureau of Alcohol, Firearms, Tobacco, and Explosives and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Ben Patterson prosecuted the case.
Libby was immediately remanded to the custody of the US Marshals Service.
Rosebud Man Indicted for Failure to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Anthony Edward Farmer, age 37, was indicted on October 14, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 1, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, five years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Farmer was convicted of Abusive Sexual Contact With a Child in June 2010. As a result of this conviction, he is required to register as a sex offender. It is alleged that between July 5, 2020, and October 14, 2020, Farmer, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender and update his registration.
The charge is merely an accusation and Farmer is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Farmer was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Nebraska Man Sentenced for Sioux Falls RobberiesRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that an Omaha, Nebraska, man convicted of two counts of Bank Robbery was sentenced on June 1, 2021, by U.S. District Judge Karen E. Schreier.
Ferris Valentine, age 54, was sentenced to 262 months in federal prison, 5 years of supervised release, restitution to First National Bank in the amount of $217,966, and a special assessment to the Federal Crime Victims Fund in the amount of $200.
Valentine was indicted by a federal grand jury on August 6, 2019. He was found guilty as a result of a federal jury trial in Sioux Falls on March 3, 2020.
On November 15, 2016, Valentine, aided by a partner, robbed the First National Bank branch bank located on West 26th Street in Sioux Falls, South Dakota. The day before the robbery, Valentine rented a car in Omaha, Nebraska, and drove to Sioux Falls, South Dakota, with his accomplice. When they robbed the bank, each wore a mask covering their faces. Valentine was armed with a handgun and demanded the bank employees give him the money in the teller drawers and the vault. Both robbers left the bank before the police arrived.
On November 24, 2017, Valentine robbed the same bank again, but without a partner. He wore the same mask and once again, used a firearm to order the bank employees to comply. He grabbed money from the vault and escaped.
After the second robbery, a DNA match connected Valentine’s partner to the first bank robbery, which subsequently led to the charges against Valentine.
The total monies taken from the bank robberies amounted to around $278,000. First National Bank’s deposits were insured by the Federal Deposit Insurance Corporation.
This case was investigated by the Sioux Falls Police Department, South Dakota Division of Criminal Investigation, and the Federal Bureau of Investigation. Assistant U.S. Attorneys Jeremy R. Jehangiri and Jeffrey C. Clapper prosecuted the case.
Valentine was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Indicted on Child Pornography ChargesRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man was charged in federal district court with Receipt of Child Pornography and Possession of Child Pornography.
Javier Clark Moreno, age 40, was indicted on May 20, 2021. Clark appeared before U.S. Magistrate Judge Daneta Wollmann on May 24, 2021, and pleaded not guilty to the charges. The maximum penalty upon conviction is a mandatory minimum of 5 up to 20 years in federal prison and/or a $250,000 fine, up to lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
Moreno was federally indicted following a Cybertip from the National Center of Missing and Exploited Children. The charges relate to Moreno receiving and possessing child pornography between October 2020 and February 2021, at Rapid City. The charges are merely an accusation and Moreno is presumed innocent until and unless proven guilty.
The investigation is a joint effort between Homeland Security Investigations, the South Dakota Division of Criminal Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s office. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
Moreno was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Former IT Director and Contractor Charged in Federal Court for Roles in Bribery SchemeRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that the former information technology director of the Standing Rock Sioux Tribe (SRST) and a contractor were each charged with their respective roles in a bribery scheme. Sven Schreiber, age 52, of Florida and North Dakota, and Arnaldo Piccinelli, age 43 of Florida, were each charged with three counts of Bribery Concerning a Program Receiving Federal Funds.
Schreiber made his appearance on May 20, 2021, before U.S. Magistrate Judge Mark A. Moreno and entered a plea of not guilty. Piccinelli made his appearance on May 12, 2021, before a U.S. Magistrate Judge in the Middle District of Florida. The charges are merely accusations, and each defendant is presumed innocent until and unless proven guilty. Each was released pending trial.
Each charge carries the following maximum penalties: 10 years of imprisonment and/or a $250,000 fine; three years of supervised release following release from custody; $100 special assessment; and restitution.
According to the charging document, in or around December 2015, Schreiber became the Director of the Information Technology Department of the SRST. Schreiber’s duties included, among other things, serving as the Tribe’s primary contact with outside vendors and generating bids, contracts, and agreements relating to the work of the Tribe’s Information Technology Department.
Piccinelli provided information technology services on a sole-source, contract basis with the Tribe, by and through its Information Technology Department. Schreiber served as Defendant Piccinelli’s point of contact regarding all of the contracts with the Tribe.
Piccinelli accepted payments from the Tribe, at the direction of Schreiber, via checks made payable to Piccinelli individually or to Piccinelli’s for-profit corporation, Hexagon Code, Incorporated. It is alleged that on more than one occasion, Schreiber agreed to accept a bribe from Piccinelli, who paid the bribe to Schreiber.
The investigation is being conducted by the U.S. Attorney’s Office and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
The case was brought pursuant to The Guardians Project, a federal law enforcement initiative to coordinate efforts between participating agencies, to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those who are responsible for adversely affecting those living in South Dakota’s Indian country communities. The Guardians Project is another step of federal law enforcement’s on-going efforts to increase engagement, coordination, and positive action on behalf of tribal communities. Led by the U.S. Attorney’s Office, the participating agencies include: Federal Bureau of Investigation; the Offices of Inspector General for the Departments of Interior, Health and Human Services, Social Security Administration, Agriculture, Transportation, Education, Justice, and Housing and Urban Development; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspector Service; U.S. Postal Service, Office of Inspector General.
For additional information about The Guardians Project, please contact the U.S. Attorney’s Office at (605) 330-4400. To report a suspected crime, please contact law enforcement at the federal agency’s locally listed telephone number.
Eagle Butte Man Indicted for Failure to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Dennis Holmes announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Jasyn Curley, age 26, was indicted on May 11, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 20, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund on each count. Restitution may also be ordered.
Curley was convicted of Sexual Contact With a Minor in October 2016. As a result of this conviction, he is required to register as a sex offender. The Indictment alleges that between February 25, 2021, and March 13, 2021, Curley, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender and update his registration.
The charge is merely an accusation and Curley is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Curley was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Contracting Company Owner Pleads Guilty to Federal Offense and Another Business Partner Charged for Roles in Bribery SchemeRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a former contracting company owner pleaded guilty for his role in a bribery scheme. Kevin Michael Trio, age 58, of Maple Plain, Minnesota, entered his plea of guilty to Making a Materially False Statement to two federal agents with the Department of Justice. U.S. District Judge Charles B. Kornmann presided over the hearing, and his sentencing hearing will be held on August 2, 2021, in the federal courthouse in Aberdeen, South Dakota.
In a separate hearing, another former owner made his appearance in federal court for his role in the same bribery scheme. Michael Nathan Cebulla, age 44, of Buffalo, Minnesota, made his initial appearance on charges of Conspiracy to Commit Bribery Concerning Programs Receiving Federal Funds and of Making a Materially False Statement. He made his appearance on May 20, 2021, before U.S. Magistrate Judge Mark A. Moreno and entered a plea of not guilty. The charges are merely accusations, and Cebulla is presumed innocent until and unless proven guilty. He was released pending trial.
Each offense carries the following maximum penalties: five years of imprisonment; a $250,000 fine; or both fine and imprisonment; 3 years of supervised release following release from custody; $100 special assessment; restitution.
According to court documents, the Dakota Nations Development Corporation (“DNDC”) was an agency of the Sisseton-Wahpeton Oyate Sioux Tribe, a tribal government that received federal assistance in excess of $10,000 during the one-year period between October 1, 2017, and September 30, 2018. At that time, Daniel Thomas White served as the Director of the DNDC. White’s duties included, among other things, overseeing housing and construction projects of the DNDC.
DNDC established an entity called the SWO Elderly Village Limited Partnership. The purpose of the entity was to obtain tax credit financing to build an elderly village complex on tribal land. On April 22, 2016, SWO’s tribal council passed a resolution authorizing DNDC to pursue low-income housing tax credits for the elderly village complex. The tribe also committed nearly $3,000,000 to the project.
Cebulla, Trio, and John German formed a business on December 15, 2016, called Tatanka Contracting. On October 27, 2017, DNDC contracted with Tatanka Contracting to do the earthwork associated with the elderly village project. The contract was for a guaranteed price of $1,070,740, although a change order increased the total of the contract to $1,129,679.
To secure the dirt work contract, German bribed White and White accepted the bribe. Specifically, in November 2017, German corruptly gave, offered, and agreed to give money to Daniel Thomas White, intending to influence and reward White, who was an agent of the DNDC, in connection with a transaction and series of transactions of the DNDC involving $5,000 or more.
White and German pleaded guilty to their roles in the bribery scheme last year. White will be sentenced by Judge Kornmann on September 27, 2021, and German was sentenced in October 2020 to 84 months in federal custody.
The investigation is being conducted by the U.S. Attorney’s Office and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
The case was brought pursuant to The Guardians Project, a federal law enforcement initiative to coordinate efforts between participating agencies, to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those who are responsible for adversely affecting those living in South Dakota’s Indian country communities. The Guardians Project is another step of federal law enforcement’s on-going efforts to increase engagement, coordination, and positive action on behalf of tribal communities. Led by the U.S. Attorney’s Office, the participating agencies include: Federal Bureau of Investigation; the Offices of Inspector General for the Departments of Interior, Health and Human Services, Social Security Administration, Agriculture, Transportation, Education, Justice, and Housing and Urban Development; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspector Service; U.S. Postal Service, Office of Inspector General.
For additional information about The Guardians Project, please contact the U.S. Attorney’s Office at (605) 330-4400. To report a suspected crime, please contact law enforcement at the federal agency’s locally listed telephone number.
Rosebud Woman Sentenced for Involuntary Manslaughter and PerjuryRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Rosebud, South Dakota, woman convicted of Involuntary Manslaughter and Perjury was sentenced on May 17, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Kaylee Spotted Elk, age 29, was sentenced to 36 months in federal prison, followed by three years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.
Spotted Elk was indicted by a federal grand jury on March 2, 2020, for Involuntary Manslaughter and on June 16, 2020, for Perjury. She pleaded guilty to both charges on March 1, 2021.
On January 12, 2020, in Todd County, South Dakota, Spotted Elk killed a man while operating a motor vehicle under the influence of methamphetamine.
On November 6, 2019, Spotted Elk knowingly lied about a material fact at a federal jury trial in Pierre, South Dakota, while she was under oath and sworn to tell the truth.
The investigations were conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. Assistant U.S. Attorneys Kirk W. Albertson and Cameron J. Cook prosecuted the cases.
Spotted Elk was immediately remanded to the custody of the U.S. Marshals Service.
Rosebud Man Sentenced for Assaulting Federal OfficerRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Rosebud, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on May 17, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Adam Moran, a/k/a Cante Moran, age 27, was sentenced to 21 months in federal prison, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Moran was indicted by a federal grand jury on September 9, 2020. He pled guilty on March 1, 2021.
The conviction stemmed from an incident that occurred on the evening of May 19, 2020, in Todd County, South Dakota. On that date, Rosebud Sioux Tribe Law Enforcement Services (RSTLES) responded to a call for service in Rosebud indicating that Moran had taken a vehicle without permission. RSTLES officers located the vehicle a short time later and attempted to initiate a traffic stop. Moran refused to stop, however, and led officers on a high-speed pursuit from Rosebud to Mission, South Dakota, during which he forced multiple RSTLES vehicles off the road. Moran ran his vehicle off the roadway near Mission and exited the vehicle. When officers approached him, he physically confronted one of the officers before being placed under arrest and taken into custody.
This case was investigated by the RSTLES. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Moran was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Indicted for Failure to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Jason Kimmel, Sr., age 39, was indicted on April 13, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 18, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, five years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Kimmel was convicted of Sexual Abuse of a Minor in 2005. As a result of this conviction, he is required to register as a sex offender. It is alleged that between February 10, 2021, and April 1, 2021, Kimmel, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender and update his registration.
The charge is merely an accusation and Kimmel is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Kimmel was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Minnesota Man Sentenced on Firearm ChargeRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Sauk Rapids, Minnesota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on May 17, 2021, by U.S. District Judge Charles B. Kornmann.
Ron Carlo Carter, age 48, was sentenced to 30 days in custody, followed by 2 years of supervised release, a fine of $5,000, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Carter was indicted by a federal grand jury on September 9, 2020. He pled guilty on November 23, 2020.
The conviction stemmed from an incident that occurred on April 9, 2020. On that date, Carter was stopped for speeding near Mobridge, South Dakota. Carter was found in possession of a loaded 9 mm pistol, and he admitted to being an unlawful user of marijuana and methamphetamine, making it illegal for him to possess firearms. Carter will forfeit ownership of the pistol and ammunition to the United States.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, the Bureau of Alcohol, Tobacco Firearms and Explosives, the Bureau of Indian Affairs-Standing Rock Agency, and the Mobridge Police Department. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Eagle Butte Man Indicted for Failure to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Dennis Holmes announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for two counts of Failure to Register as a Sex Offender.
Charles Moran, age 43, was indicted on May 11, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 18, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund on each count. Restitution may also be ordered.
Moran was convicted of Sexual Abuse of a Minor in December 1997. As a result of this conviction, he is required to register as a sex offender. The Indictment alleges that between March 20, 2021, and March 31, 2021, and again between November 18, 2020, and February 21, 2021, Moran, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender and update his registration.
The charges are merely accusations and Moran is presumed innocent until and unless proven guilty.
The investigation is being conducted by the United States Marshals Service. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Moran was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Butte Man Indicted for Failure to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Dennis Holmes announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Sylvan Larrabee, age 28, was indicted on May 11, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 19, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund on each count. Restitution may also be ordered.
Larrabee was convicted of Sexual Contact With a Minor in January 2017. As a result of this conviction, he is required to register as a sex offender. The Indictment alleges that between April 17, 2020, and February 8, 2021, Larrabee, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender and update his registration.
The charge is merely accusations and Larrabee is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Larrabee was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Butte Man Convicted by Federal Jury for Meth TraffickingRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that Anthony Story, age 42, of Eagle Butte, South Dakota, was found guilty of Possession with Intent to Distribute a Controlled Substance as a result of a two-day federal jury trial in Pierre, South Dakota.
The conviction carries a maximum sentence of 20 years in federal prison, and/or a $1,000,000 fine, a lifetime of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
Story was indicted by a federal grand jury on August 11, 2020.
The jury found that on August 14, 2019, Story knowingly possessed 37 grams of methamphetamine, with intent to distribute the drug. Story was arrested while he was sleeping inside a camper in Eagle Butte next to a lightbulb fashioned into a pipe and a small bag holding the methamphetamine and a digital scale. Law enforcement officers discovered Story and the methamphetamine while searching for another individual. Plastic bags holding the methamphetamine were submitted to the South Dakota Forensic Laboratory for DNA testing. The DNA profiles obtained from swabs of the plastic bags were found to match Story’s DNA profile.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Services, the Northern Plains Safe Trails Drug Enforcement Task Force, the South Dakota Division of Criminal Investigation, and the Federal Bureau of Investigation. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Sentencing was scheduled for August 2, 2021. Story was immediately remanded to the custody of the U.S. Marshals Service after the jury announced its verdict.
Cherry Creek Man Sentenced for Voluntary ManslaughterRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Cherry Creek, South Dakota, man convicted of Voluntary Manslaughter was sentenced on May 17, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Jerome White Horse, Jr., age 61, was sentenced to 63 months in federal prison, followed by three years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
White Horse was indicted by a federal grand jury on March 11, 2020. He pleaded guilty on March 1, 2021.
On February 12, 2020, in Cherry Creek, White Horse and another person assaulted a man who crashed his vehicle during a medical emergency. White Horse used a garden hoe to strike the victim in the head. The victim died of injuries sustained during the assault.
The investigation was conducted by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
White Horse was immediately remanded to the custody of the U.S. Marshals Service.
Iowa Man Sentenced to 20 Years for Distribution of a Controlled Substance Resulting in Serious Bodily InjuryRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Doon, Iowa, man convicted of Distribution of a Controlled Substance Resulting in Serious Bodily Injury was sentenced on May 17, 2021, by U.S. District Judge Karen E. Schreier.
Rylan Wayne Walth, a/k/a “Rylan Conrad,”, age 34, was sentenced to 240 months in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Walth was indicted by a federal grand jury on October 6, 2020. He pled guilty on March 4, 2021.
The conviction stemmed from an incident on or about September 8, 2019, when Walth, knowingly and intentionally distributed fentanyl and said fentanyl resulted in the serious bodily injury of a victim. The victim smoked the fentanyl provided by Walth and sustained an overdose, which was reversed by the administration of Narcan. Fentanyl is a Schedule II controlled substance.
This case was investigated by the Sioux Falls Police Department and the Homeland Security Investigations. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Walth was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Indicted on Drug ChargeRead the Press Release
Acting United States Attorney Dennis Holmes announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance.
Allen Michael Garreau, age 37, was indicted on May 11, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 14, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is a mandatory minimum of five years up to life in federal prison and/or a $250,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on March 16, 2021, in Eagle Butte, Garreau did knowingly and intentionally possess with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine.
The charge is merely an accusation and Garreau is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Garreau was released on bond pending trial. A trial date has not been set.
Yankton Man Charged with Possession of Child PornographyRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Yankton, South Dakota, man has been indicted by a federal grand jury for Possession of Child Pornography.
Matthew Carter, age 31, was indicted on May 4, 2021. He appeared before U.S. Magistrate Judge Veronica L. Duffy on May 13, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in federal prison and/or a $250,000 fine, life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between December 29, 2020, and January 14, 2021, Carter knowingly possessed and attempted to possess materials which contained images of child pornography.
The charge is merely an accusation and Carter is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Homeland Security Investigations, the South Dakota Division of Criminal Investigation, and the Yankton Police Department. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Carter was returned to state custody pending trial. A trial date has not been set.
Todd County Woman Sentenced for Assault with a Dangerous WeaponRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Todd County, South Dakota, woman convicted of Assault With a Dangerous Weapon was sentenced by Chief Judge Roberto A. Lange, U.S. District Court.
Julia Swift Hawk, age 26, was sentenced on May 11, 2021, to time served through May 18, 2021, equal to three months incarceration, followed by two years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The conviction stems from an incident that occurred outside the Rosebud Casino, in Todd County, on January 14, 2020. Swift Hawk unlawfully assaulted an individual with a utility knife with the intent to do bodily harm to the individual.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Michael Elmore prosecuted the case.
Swift Hawk was immediately remanded to the custody of the U.S. Marshals Service.
Sioux Falls Woman Pleads Guilty in Federal Court to Making a Materially False StatementRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that Tami Haug-Davis, age 63, of Sioux Falls, South Dakota, appeared before U.S. District Judge Karen E. Schreier on May 11, 2021, and pled guilty to an Information that charged her with Making a Materially False Statement.
The maximum penalties upon conviction are as follows: five years in federal custody and/or a $250,000 fine; a period of supervised release of three years; a $100 special assessment to the Federal Crime Victims Fund; and restitution may be ordered.
Beginning on or about September 2016 until February 2019, Tami Haug-Davis was the Director of the Missouri Valley Crisis Center (MVCC) in Chamberlain, South Dakota. During this time, MVCC was funded in large part by state and federal grants, awarded by the South Dakota Department of Social Services. MVCC received funds from the following federal grants: Family Violence Prevention Services, Department of Health and Human Services, Administration for Children and Families and Crime Victims Assistance, and Department of Justice, Office of Victims of Crime.
In the fall of 2018, the South Dakota Department of Public Safety Victim Services Program (DPS) conducted a review of MVCC pursuant to their receipt of federal and state grants. DPS later issued MVCC a Corrective Action Plan dated October 11, 2018. The plan listed 17 items for which MVCC needed to provide supporting documentation to DPS, including a corrective action that MVCC must provide detailed board meeting minutes from the last three meetings and a complete list of the Board of Directors.
MVCC provided a response to DPS’s directive for more information. Following receipt of MVCC’s response, a complaint was issued by the State of South Dakota’s Division of Criminal Investigation. On March 28, 2019, the Department of Justice – Office of the Inspector General opened an investigation regarding the management of MVCC as it had provided federal grant monies to MVCC. The Department of Health and Human Services – Office of the Inspector General joined the investigation, as it had also provided federal grant monies to MVCC.
As part of the joint investigation, federal agents with each agency interviewed Haug-Davis. On August 30, 2019, and July 14, 2020, during interviews with federal agents, Haug-Davis knowingly and intentionally made materially false statements regarding the creation, submission, and veracity of board meeting minutes and documents provided to DPS in response to the October 11, 2018, corrective action plan. Her statements were made about a matter within the jurisdiction of the U.S. Departments of Justice and Health and Human Services, and she knew her statements were untrue when she made the statements to investigators.
The investigation was conducted by the Department of Justice – Office of the Inspector General, the Department of Health and Human Services – Office of the Inspector General, and the State of South Dakota’s Division of Criminal Investigation. The case is being prosecuted by Assistant U.S. Attorney Jeremy Jehangiri.
A presentence investigation was ordered, and a sentencing date has been set for August 2, 2021. The defendant was released on bond.
Sioux Falls Man Sentenced for Meth Trafficking ConspiracyRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Sioux Falls, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on May 10, 2021, by U.S. District Judge Karen E. Schreier.
Senthong Phiengsai, a/k/a “Chino,” a/k/a “Noy,” age 42, was sentenced to 151 months in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Phiengsai was indicted by a federal grand jury on September 1, 2020. He pled guilty on February 19, 2021.
The conviction stemmed from incident beginning on an unknown date and continuing until on or about September 2020, when Phiengsai, along with others, reached an agreement or came to an understanding to distribute 500 grams or more of a mixture of a substance containing methamphetamine, which is a Schedule II controlled substance.
This case was investigated by the South Dakota Division of Criminal Investigation, the Sioux Falls Area Drug Task Force, and the Drug Enforcement Administration. Special Assistant U.S. Attorney Tamara Nash prosecuted the case.
Phiengsai was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Charged with Failure to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Theophile Jesse Taken Alive, age 38, was indicted on April 6, 2021. He appeared before U.S. Magistrate Judge Veronica L. Duffy on May 13, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, five years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that Taken Alive, who had previously been convicted of a sex crime and required to register under the Sex Offender Registration and Notification Act, failed to do so between March 19, 2020, and November 3, 2020.
The charge is merely an accusation and Taken Alive is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Taken Alive was returned to state custody pending trial. A trial date has not been set.
Sioux Falls Man Charged with Failure to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Chester Dennis Marshall, age 55, was indicted on May 4, 2021. He appeared before U.S. Magistrate Judge Veronica L. Duffy on May 10, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, five years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that Marshall, who had previously been convicted of a sex crime and required to register under the Sex Offender Registration and Notification Act, failed to do so between January 2, 2021, and May 4, 2021.
The charge is merely an accusation and Marshall is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Marshall was released on bond pending trial. A trial date has not been set.
New Jersey Man Sentenced for BriberyRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that an Atlantic City, New Jersey, man convicted of Bribery Concerning Programs Receiving Federal Funds was sentenced on May 10, 2021, by U.S. District Judge Charles B. Kornmann.
Anthony Bertino, age 60, was sentenced to 20 months in federal prison, followed by three years of supervised release. Bertino must pay a fine in the amount of $95,000 and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Bertino was indicted by a federal grand jury on April 2, 2019. He was found guilty as a result of a federal jury trial in Aberdeen on October 30, 2020.
The conviction stemmed from incidents between May 7, 2014, and August 4, 2014, when Bertino, who was an agent of the Dakota Nation Gaming Enterprise (DNGE), corruptly accepted something of value from another person, intending to be influenced and rewarded in connection with a transaction and series of transactions of the DNGE.
The Sisseton-Wahpeton Oyate Tribe (SWO) operates the DNGE, which oversees the tribally-run gaming establishments. Bertino was employed as the Corporate Marketing Officer for the DNGE. Bertino’s employment agreement included provisions stating that self-dealing is cause for termination, that he was not to engage in actions motivated by self-interest, and that he was not to work in any other capacity without first obtaining written consent from the DNGE.
In 2014, Bertino negotiated the DNGE’s purchase of equipment from a 66,000 square foot sprung casino facility in Indiana. On May 21, 2014, the DNGE Advisory Committee approved the purchase for $900,000. After the DNGE wired the money to the seller, Bertino received three kickbacks from the seller totaling $104,909.78.
The case was brought pursuant to The Guardians Project, a federal law enforcement initiative to coordinate efforts between participating agencies, to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those who are responsible for adversely affecting those living in South Dakota’s Indian country communities. The Guardians Project is another step of federal law enforcement’s on-going efforts to increase engagement, coordination, and positive action on behalf of tribal communities. Led by the U.S. Attorney’s Office, the participating agencies include: Federal Bureau of Investigation; the Offices of Inspector General for the Departments of Interior, Health and Human Services, Social Security Administration, Agriculture, Transportation, Education, Justice, and Housing and Urban Development; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspector Service; U.S. Postal Service, Office of Inspector General.
For additional information about The Guardians Project, please contact the U.S. Attorney’s Office at (605) 330-4400. To report a suspected crime, please contact law enforcement at the federal agency’s locally listed telephone number.
This case was investigated by the Federal Bureau of Investigation and the U.S. Attorney’s Office. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
Bertino has been allowed to self-report to the custody of the U.S. Marshals Service by July 3, 2021.