District of South Dakota
Press releases recorded for this federal judicial district.
Nebraska Man Sentenced for Assault with a Dangerous Weapon and Failure to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Lincoln, Nebraska, man convicted of Assault With a Dangerous Weapon and Failure to Register as a Sex Offender was sentenced by Chief Judge Roberto A. Lange, U.S. District Court.
Dwaine Walter Little Elk, age 36, was sentenced on May 11, 2021, to 46 months in federal prison, followed by 5 years of supervised release, and was ordered to pay a $200 special assessment to the Federal Crime Victims Fund.
The conviction stems from an assault in St. Francis, South Dakota, on June 21, 2020. Little Elk assaulted an individual with a knife, with the intent to do bodily harm to the individual. Little Elk was also a sex offender by reason of a conviction under federal law, and knowingly failed to register and update his registration from June 17, 2020, to August 11, 2020.
The investigation was conducted by Rosebud Sioux Tribe Law Enforcement Services and the U.S. Marshals Service. Assistant U.S. Attorney Michael Elmore prosecuted the case.
Little Elk was immediately remanded to the custody of the U.S. Marshals Service.
Minnesota Man Charged with Failure to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Pipestone, Minnesota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Benjamin Douglas Lorenzen, age 30, 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 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 on Lorenzen, 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 12, 2021, and March 9, 2021.
The charge is merely an accusation and Lorenzen 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.
Lorenzen was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
McLaughlin Man Sentenced on Assault ChargesRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a McLaughlin, South Dakota, man convicted of Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury was sentenced on May 11, 2021, by Judge Charles B. Kornmann, U.S. District Court.
Frank One Feather, Jr., age 32, was sentenced to 60 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 $400.
One Feather was indicted by a federal grand jury on December 10, 2019. A superseding indictment was filed on July 16, 2020. He pled guilty on January 13, 2021.
On November 8, 2019, in McLaughlin, One Feather assaulted two people with a bottle and shod feet after starting an argument. One Feather knocked out each victim and assaulted them again when they regained consciousness.
The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Office of Justice Services. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
One Feather was immediately remanded to the custody of the U.S. Marshals Service.
Iowa Man Charged with Failure to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Sioux City, Iowa, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Jacob Lee Schmidt, age 33, 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 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 Schmidt, 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 February 1, 2021, and May 4, 2021.
The charge is merely an accusation and Schmidt 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.
Schmidt was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Georgia Man Sentenced for Possession of a Stolen Firearm and Failure to AppearRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Cornelia, Georgia, man convicted of Possession of a Stolen Firearm and Failure to Appear was sentenced on May 10, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Jamecus Lushawn Hodges, age 42, was sentenced to 90 months in federal prison on the firearm offense and 30 months in federal prison on the failure to appear offense, to run consecutive for a total of 120 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 $200.
Hodges was indicted by a federal grand jury on February 13, 2019, and again on November 10, 2020. He pled guilty in both cases on May 10, 2021.
The firearm conviction stemmed from an incident that occurred on December 8, 2018. During a traffic stop on Interstate 90, a South Dakota Highway Patrol Trooper found marijuana, cocaine, and a stolen firearm in Hodges vehicle. Hodges became uncooperative and combative and ran into the oncoming lane of traffic, stalling traffic on the interstate, prior to being taken into custody. Hodges was eventually released on bond and entered into a plea agreement relating to the traffic stop. Hodges then knowingly failed to appear for his change of plea and sentencing on October 5, 2020. He was charged with failure to appear in November 2020 and taken into federal custody on March 19, 2021, in Georgia.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
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 was investigated by the South Dakota Highway Patrol, Northern Plains Safe Trails Drug Enforcement Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Hodges was immediately turned over to the custody of the U.S. Marshals Service.
Fort Thompson Man Sentenced for Sexual Abuse of a MinorRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Fort Thompson, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced on May 10, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Dawson Donner, age 23, was sentenced to 37 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.
Donner was indicted by a federal grand jury on September 9, 2020. He pled guilty on February 22, 2021.
The conviction stemmed from an incident that occurred in February 2020, in Fort Thompson. Donner knowingly engaged in sexual acts with a minor victim who had not attained the age of 16, when at the time Donner was more than four years older than the victim.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy Morley prosecuted the case.
Donner was immediately turned over to the custody of the U.S. Marshals Service.
Former Watertown Woman Sentenced for Misuse by a Representative PayeeRead the Press Release
Acting United States Attorney Dennis Holmes announced that a former Watertown, South Dakota, woman charged with Misuse by a Representative Payee pled guilty and was sentenced on May 10, 2021, by U.S. District Judge Charles B. Kornmann.
Marilyn Ruth Holley, age 41, was sentenced to 60 months of probation, restitution in the amount of $12,158.64, and $100 to the Federal Crime Victims Fund.
The conviction stems from incidents that took place between November 19, 2015, and April 1, 2019, when Holley, who was appointed to be the representative payee for a minor child, received the child’s Title XVI Supplemental Security Income benefits payments and converted some of them to her own use, including gambling.
The investigation was conducted by the Social Security Administration, Cooperative Disability Investigation Unit. The case was prosecuted by Assistant U.S. Attorney Ann M. Hoffman.
Cavour Man Indicted on Child Pornography and Enticement ChargesRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Cavour, South Dakota, man has been indicted by a federal grand jury for Attempted Production of Child Pornography, Attempted Enticement of a Minor Using the Internet, and Transfer of Obscene Material to a Minor.
David Robert Farrell, age 39, 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 life in federal prison and/or a $250,000 fine, life of supervised release, and up to $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on April 22, 2021, Farrell knowingly attempted to employ, use, persuade, induce, entice, and coerce a minor female to engage in sexually explicit conduct for the purpose of producing visual depictions. Such images would be then transported in interstate and foreign commerce with a computer.
The Indictment also alleges that on or about April 27, 2021, Farrell knowingly traveled to engage in sexual conduct with the same minor. Farrell again used his cellular telephone to attempt to knowingly persuade that minor to engage in sexual activity.
Finally, the Indictment alleges that between April 22, 2021, and April 23, 2021, Farrell also used his cellular telephone to transfer and attempt to transfer obscene materials to the minor female, who had not attained the age of 16.
The charges are merely accusations and Farrell is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Farrell was released on bond pending trial. A trial date has not been set.
Aberdeen Man Sentenced for Illegal Possession of FirearmRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that an Aberdeen, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on May 10, 2021, by U.S. District Judge Charles B. Kornmann.
Juan Smith, age 28, was sentenced to 37 months in federal prison, followed by 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund. He was also ordered to forfeit a .380 caliber pistol, magazine clips, and .380 caliber ammunition.
The conviction stems from Smith, a previously convicted felon who is prohibited from possessing firearms, knowingly possessing a Sturm, Ruger & Company Incorporated .380 caliber pistol in March 2020 in Aberdeen. At the time, Smith possessed the firearm, three pistol magazines, and some .380 caliber ammunition at his residence in Brown County when law enforcement officers conducted a state probation search because Smith had been using drugs.
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.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Aberdeen Police Department, and the Brown County Sheriff’s Office. Assistant U.S. Attorney Michael Elmore prosecuted the case.
Smith was immediately remanded to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Assault by Striking, Beating, or WoundingRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Mission, South Dakota, man convicted of Assault by Striking, Beating, or Wounding was sentenced on May 6, 2021, by U.S. Magistrate Judge Mark A. Moreno.
Steven McDaniel, a/k/a Steven McDaniels, age 33, was sentenced to 11 months in federal prison, followed by one year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $25.
McDaniel was indicted by a federal grand jury on December 17, 2019. He pled guilty on February 26, 2021.
The conviction stemmed from an incident that occurred on June 7, 2019, in Mission, wherein McDaniel assaulted his intimate partner.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
McDaniel was immediately turned over to the custody of the U.S. Marshals Service.
Waubay Woman Sentenced for Federal Program TheftRead the Press Release
Acting United States Attorney Dennis R. Holmes announced today that a Waubay, South Dakota, woman convicted of Federal Program Theft was sentenced on May 4, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Dawn Block, age 53, was sentenced to 27 months in federal prison, followed by 3 years of supervised release, and restitution in the amount of $222,801.72, with $68,569.78 being paid to the U.S. Department of Labor, and $154,231.95 being paid to the governing entities that formerly comprised the United Sioux Tribes of South Dakota Development Corporation (USTDC).
Between October 2018 and May 2019, while she was employed as an agent of USTDC, Block did embezzle, steal, obtain by fraud, and intentionally misapply property of USTDC, an organization receiving Federal funds, and intentionally misapplied property worth at least $5,000, by way of payroll advances, cash withdrawals, awards and bonuses, duplicate pay, and additional unsupported payments.
The case was brought as part of 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.
The investigation was conducted by Federal Bureau of Investigation and the U.S. Attorney’s Office. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Block was released following sentencing but was ordered to self-report to the custody of the U.S. Marshals Service on May 18, 2021.
Neurosurgeon and Two Affiliated Companies Agree to Pay $4.4 Million to Settle Healthcare Fraud AllegationsRead the Press Release
WASHINGTON – Neurosurgeon Wilson Asfora, M.D. of Sioux Falls, South Dakota, and two medical device distributorships that he owns, Medical Designs LLC and Sicage LLC, have agreed to pay $4.4 million to resolve False Claims Act allegations relating to illegal payments to Asfora to induce the use of certain medical devices, in violation of the Anti-Kickback Statute, as well as claims for medically unnecessary surgeries.
Medical Designs and Sicage agreed to pay an additional $100,000 in penalties to settle allegations that they violated the Open Payments Program by failing to report to the Centers for Medicare & Medicaid Services (CMS) Asfora’s ownership interests and payments made to Asfora.
Under the terms of the settlement agreement, Asfora, Medical Designs, and Sicage each will be excluded from participation in federal healthcare programs for a period of six years.
“Physicians who accept kickbacks and perform unnecessary surgeries put their patients at risk and increase healthcare costs for everyone,” said Acting Assistant Attorney General Brian M. Boynton of the Department of Justice’s Civil Division. “We will continue to hold physicians and medical device companies accountable for unlawful financial arrangements that undermine the integrity of federal healthcare programs.”
The settlement announced today resolves allegations that over the course of nearly a decade, Asfora, Medical Designs, and Sicage knowingly and willfully engaged in three kickback schemes to allow Asfora to profit from his use of over a dozen devices in his medical procedures. First, the United States alleged that Medical Designs and Sicage paid Asfora profit distributions in exchange for Asfora using Medical Designs’ and Sicage’s devices in his spine surgeries. Second, the United States alleged that Medical Designs acted as a distributor, reselling other manufacturers’ spinal devices and splitting the profits with Asfora when he used those devices in surgeries. Third, the United States alleged that Asfora solicited and received kickbacks from medical device manufacturer Medtronic USA Inc. in exchange for using its SynchroMed II infusion pumps, which are implantable devices used to deliver medication to patients. At Asfora’s request, Medtronic allegedly paid the kickbacks to Asfora through a restaurant he owned with his wife, called Carnaval Brazilian Grill, in the form of lavish meals and alcohol for Asfora and his friends, colleagues, and business partners.
In addition, the settlement resolves allegations that Asfora knowingly submitted false claims to federal healthcare programs for medically unnecessary procedures using the devices in which he had a financial interest. Despite receiving numerous warnings that he was performing medically unnecessary procedures – including warnings from his own physician colleagues – Asfora allegedly continued to perform such procedures while personally profiting from his use of devices sold by Medical Designs, Sicage, and Medtronic.
“Fraud in the healthcare arena is taken very seriously by the Department of Justice,” said Acting U.S. Attorney Dennis R. Holmes for the District of South Dakota. “South Dakota is fortunate to have many honest and dedicated healthcare providers who strive daily to provide high quality services. Dr. Asfora and his companies violated the trust that so many others have worked hard to earn.”
“Kickback dollars can corrupt the high quality medical care patients deserve and taxpayers fund,” said Special Agent in Charge Curt L. Muller of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “We have excluded Dr. Asfora and his two medical distributorships from receiving Medicare, Medicaid, and other federal health program dollars.”
This settlement also resolves Medical Designs’ and Sicage’s liability under CMS’ Open Payments Program, which was established by the Affordable Care Act and requires medical device companies to disclose to CMS physician ownership interests and certain payments or other transfers of value to a physician.
The civil settlement includes the resolution of claims that Drs. Carl Dustin Bechtold and Bryan Wellman brought under the qui tam or whistleblower provisions of the False Claims Act against Asfora and Medical Designs. Under the qui tam provisions of the False Claims Act, a private party can file an action on behalf of the United States and receive a portion of any settlement. The qui tam case is captioned United States ex rel. Bechtold, et al. v. Asfora, et al., No. 4:16-cv-04115-LLP (D.S.D.). The whistleblowers will receive $880,000 of the settlement proceeds.
This settlement was the result of a coordinated effort between the Civil Division's Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the District of South Dakota, with assistance from HHS-OIG. As a result of its efforts, the United States has recovered a total of more than $33 million relating to conduct involving Asfora, including a False Claims Act settlement with Sanford Health entities for $20.25 million in October 2019 and a False Claims Act and Open Payments settlement with Medtronic for $9.21 million in October 2020. This matter and the related matters were investigated by Trial Attorneys Christopher Terranova and Harin C. Song and Assistant U.S. Attorneys Meghan K. Roche and Ellie J. Bailey.
North Sioux City Man Charged with False Income Tax Returns and Tax EvasionRead the Press Release
Acting United States Attorney Dennis Holmes announced that a North Sioux City, South Dakota, man has been indicted by a federal grand jury for False Income Tax Returns and Tax Evasion.
James R. Winckler, age 58, was indicted on April 22, 2021. He appeared before U.S. Magistrate Judge Veronica L. Duffy on April 28, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in federal prison and/or a $100,000 fine, 3 years of supervised release, and up to $500 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about April 19, 2016, Winckler willfully made and subscribed a false Form 1040 for his individual 2012 tax return by understating his income.
The Indictment also alleges that Winckler willfully attempted to evade payment of income tax due for the calendar years 2015 through 2018, by failing to report any income or pay any income tax during those years.
The charges are merely accusations and Winckler is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Internal Revenue Service. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Winckler was released on bond pending trial, which has not been set.
Faulkton Man Indicted for Meth TraffickingRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Faulkton, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute Methamphetamine.
Frank Daniel Facinelli, age 49, was indicted on February 8, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 28, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is a mandatory minimum five years, up to 40 years in prison and/or a $5,000,000 fine, at least four years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that beginning at a time unknown, but no later than on or before October 1, 2020, the Defendant knowingly and intentionally, combined, conspired, confederated, and agreed with persons known and unknown, to knowingly and intentionally distribute and possess with the intent to distribute 50 grams or more of methamphetamine in and around Faulkton.
The charge is merely an accusation and Facinelli is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, the U.S. Postal Inspection Service, the South Dakota Division of Criminal Investigation, and the Faulk County Sheriff’s Office. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Facinelli was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Sioux Falls Man Sentenced for Transportation of Child PornographyRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Sioux Falls, South Dakota, man convicted of Transportation of Child Pornography was sentenced on April 26, 2021, by U.S. District Judge Karen E. Schreier.
Joshua Lynn Lugert, age 38, was sentenced to 78 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 $100.
Lugert was indicted by a federal grand jury on September 1, 2020. He pled guilty on February 10, 2021.
The conviction stemmed from incidents between March 12, 2019, and March 6, 2020. Lugert searched the internet for child pornography and collected thousands of files using his cell phone and tablet.
This case was investigated by the National Center for Missing and Exploited Children, the Internet Crimes Against Children Task Force, the South Dakota Division of Criminal Investigation, and the Department of Homeland Security. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Lugert was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced for Methamphetamine TraffickingRead 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 April 26, 2021, by U.S. District Judge Karen E. Schreier.
Ryan James Sandberg, age 19, was sentenced to 51 months in federal prison, followed by two years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Sandberg was indicted by a federal grand jury on September 1, 2020. He pled guilty on February 10, 2021.
The conviction stemmed from incidents beginning on an unknown date and continuing until on or about September 1, 2020, when Sandberg knowingly and intentionally combined, conspired, confederated, and agreed with others to distribute a mixture and substance containing 500 grams or more of methamphetamine.
Sandberg voluntarily and intentionally joined in the agreement to distribute methamphetamine. Sandberg also knew the purpose of the agreement. Sandberg obtained over 500 grams of methamphetamine from a co-conspirator and re-distributed to other co-conspirators in the District of South Dakota and elsewhere. Sandberg knew the methamphetamine would then be distributed to drug customers. Methamphetamine is a Schedule II controlled substance.
This case was investigated by the Sioux Falls Area Drug Task Force, the Department of Homeland Security, and the U.S. Postal Inspection Service. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Sandberg was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced for Assault by Striking, Beating, or WoundingRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Sioux Falls, South Dakota, man convicted of Assault by Striking, Beating, or Wounding was sentenced on April 27, 2021, by U.S. Magistrate Judge Mark A. Moreno.
Daniel James Farmer, age 25, was sentenced to 9 months in federal prison, followed by 1 year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Farmer was indicted by a federal grand jury on October 16, 2019. He pled guilty on April 27, 2021.
The conviction stemmed from an incident that occurred on December 10, 2017, in Todd County, South Dakota, wherein Farmer assaulted his intimate partner.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Farmer was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Woman Sentenced for Retaliation Against a WitnessRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, woman convicted of Retaliation Against a Witness was sentenced on April 26, 2021, by Chief U.S. District Judge Roberto A. Lange.
Whitney Bagola, age 27, was sentenced to 57 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.
Bagola was indicted by a federal grand jury on December 8, 2020. She pled guilty on March 1, 2021.
The conviction stemmed from an incident on April 20, 2020, at a jail in South Dakota, when Bagola assaulted an individual for giving information to law enforcement.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Bagola was immediately remanded to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced to Federal Prison for Possession of Child PornographyRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man convicted of Possession of Child Pornography was sentenced on April 14, 2021, by Judge Jeffrey L. Viken, U.S. District Court.
Bruce Kline, age 52, was sentenced to 10 years in federal prison, followed by a lifetime supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund and $13,000 in restitution. Kline will also be required to register as a sex offender under the Sex Offender Registration and Notification Act.
The conviction stems from Kline failing a parole-ordered polygraph in October 2019. Kline was convicted in state court in 2011 for child pornography charges and remained on parole. Forensic examination of Kline’s devices thereafter revealed thousands of images of child pornography downloaded by Kline.
The investigation was conducted by the South Dakota Department of Corrections, South Dakota Division of Criminal Investigation, Department of Homeland Security, Rapid City Police Department, and the Pennington County Sheriff’s office. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Kline was remanded to the custody of the U.S. Marshals Service.
Eagle Butte Man Indicted for Assaulting Federal OfficersRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assaulting Federal Officers.
Floyd Alex High Hawk, Jr., a/k/a Cactus, age 33, was indicted on October 14, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 27, 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.
On August 17, 2020, High Hawk was detained at a jail in Eagle Butte, and he assaulted two detention officers who were attempting to move him to a different cell. High Hawk punched one detention officer in the face and wrestled with another, causing an injury to his knee.
The charge is merely an accusation and High Hawk is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
High Hawk was released on bond pending trial. A trial date has not been set.
Belle Fourche Man Sentenced to Federal Prison for Possession of Child PornographyRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Belle Fourche, South Dakota, man convicted of Possession of Child Pornography with a Prior Child Pornography Conviction was sentenced on April 15, 2021, by Judge Jeffrey L. Viken, U.S. District Court.
Karl Koster, age 39, was sentenced to 10 years in federal prison, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. Koster will also be required to register as a sex offender under the Sex Offender Registration and Notification Act.
The conviction stems from South Dakota Internet Crimes Against Children Task Force receiving two Cybertips from the National Center of Missing and Exploited Children identifying the suspect user as Koster. Koster was previously convicted in Pennington County, South Dakota, for Make/Sale/Possess Child Pornography and was on parole at the time of his arrest. Forensic examination of Koster’s devices revealed multiple images of child pornography, age-difficult images and internet searches associated with obtaining child pornography.
The investigation was conducted by the South Dakota Department of Corrections, South Dakota Division of Criminal Investigation, Department of Homeland Security, Rapid City Police Department, and the Pennington County Sheriff’s office. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Koster was remanded to the custody of the U.S. Marshals Service.
Wyoming Man Sentenced to Prison for Conspiracy to Commit Bank Fraud and Identity TheftRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Rock Springs, Wyoming, man convicted of one count of Conspiracy to Commit Bank Fraud and two counts of Aggravated Identity Theft was sentenced on April 15, 2021, by Jeffrey L. Viken, U.S. District Judge.
Gregory Harrison, age 49, was sentenced to 71 months in federal prison, followed by 3 years of supervised release on the Conspiracy to Commit Bank Fraud charge. Harrison was sentenced to 24 months in federal prison, followed by 3 years of supervised release on both of the Aggravated Identity Theft charges. The custody sentences will be served consecutively to each other for a total of just under 8 years. Harrison was also ordered to pay $100 in special assessments to the Federal Crime Victims Fund for each charge. In addition, Harrison was ordered to pay $11,913.19 in restitution.
Harrison was indicted on January 22, 2020. The conviction stems from Harrison conspiring with others to fraudulently obtain cash, goods, and services through the use of aggravated identity theft and bank fraud. Harrison used identifying information pertaining to real individuals to create fraudulent checks. Harrison and his codefendants cashed fraudulent checks for cash, goods, and services in western South Dakota in 2018 and 2019.
This case was investigated by the Rapid City Police Department. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Harrison was immediately turned over to the custody of the U.S. Marshals Service.
St. Francis Man Indicted on Assault ChargesRead the Press Release
Acting United States Attorney Dennis Holmes announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for Assault With a Dangerous Weapon.
Koty Arcoren, age 29, was indicted on April 13, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 23, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on March 7, 2021, in St. Francis, Arcoren assaulted an individual with a knife with intent to do bodily harm.
The charge is merely an accusation and Arcoren is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Arcoren was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
St. Francis Man Indicted for Domestic Assault by an Habitual Offender and Child AbuseRead the Press Release
Acting United States Attorney Dennis Holmes announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for Domestic Assault by an Habitual Offender and Child Abuse.
Jeremy Iron, a/k/a Jeremy Red Tomahawk, age 36, was indicted on March 9, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 23, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on September 9, 2020, and October 27, 2020, in Todd County, South Dakota, Iron unlawfully committed a domestic assault and, at the time of the domestic assault, Iron had at least two prior convictions for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse, intimate partner, or a child of or in the care of Iron. The Indictment further alleges that at the same time and place, Iron did abuse, expose, torture, torment, and cruelly punish two different children who had not attained the age of eighteen.
The charges are merely accusations and Iron 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.
Iron was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mission Man Indicted on Carjacking, Robbery, and Assault ChargesRead 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 Carjacking, Robbery, Assault With a Dangerous Weapon, and Assaulting, Resisting and Impeding a Federal Officer.
Eurico Da Silva-Roubideaux, a/k/a Eurico Roubideaux, age 20, was indicted on March 9, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 23, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on February 7, 2021, in Todd County, South Dakota, Da Silva-Roubideaux assaulted an individual with a hammer with intent to do bodily harm and stole the individual’s vehicle. The Indictment further alleges that on February 8, 2021, Da Silva-Roubideaux did forcibly assault, oppose, impede, intimidate, and interfere with law enforcement officers who were employed by the Rosebud Sioux Tribe Law Enforcement Services, and that such conduct involved the use of a vehicle operated by Da Silva-Roubideaux.
The charges are merely accusations and Da Silva-Roubideaux 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.
Da Silva-Roubideaux was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Lower Brule Man Indicted for Involuntary ManslaughterRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Involuntary Manslaughter.
Eugene Skunk, age 42, was indicted on September 9, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 22, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to eight 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 July 26, 2020, in Lower Brule, Skunk killed another human being by operating a motor vehicle in a grossly negligent manner.
The charge is merely an accusation and Skunk is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and Bureau of Indian Affairs, Lower Brule. Assistant U.S. Attorney Troy Morley is prosecuting the case.
Skunk was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Yankton Man Sentenced for Possession of a Controlled SubstanceRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Yankton, South Dakota, man convicted of Possession of a Controlled Substance was sentenced on April 19, 2021, by U.S. District Judge Karen E. Schreier.
Michael Wayne Zephier, age 40, was sentenced to 3 years of probation and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Zephier was indicted for Possession with Intent to Distribute a Controlled Substance by a federal grand jury on March 3, 2020. He was found guilty of the lesser offense of Possession of a Controlled Substance as a result of a federal jury trial in Sioux Falls on March 3, 2021.
The conviction stemmed from an incident on February 2, 2020, when Zephier got the car he was driving stuck in a ditch near Marty, South Dakpta. A Yankton Sioux Tribal Law Enforcement officer found the car and noticed it had expired license plates. While the officer was waiting for a tow truck, Zephier arrived in another vehicle and stated the stuck car belonged to a friend who was not from Marty. Zephier then left, but then returned to tell the officer that his friend did not want to come back to his car.
When the officer asked Zephier for his name, Zephier provided a false name. However, the officer knew the actual person whose name Zephier used so the officer instructed Zephier not to leave. Zephier then fled on foot. The officer pursued Zephier on foot, quickly subdued and arrested him. When searched, Zephier had several bags of methamphetamine on him. Methamphetamine is a Schedule II controlled substance.
This case was investigated by the Federal Bureau of Investigation, the U.S. Department of Homeland Security, and the Yankton Sioux Law Enforcement. Special Assistant U.S. Attorney Mark Hodges prosecuted the case.
St. Francis Man Sentenced for Assaulting, Resisting, and Impeding a Federal OfficerRead the Press Release
Acting United States Attorney Dennis Holmes announced that a St. Francis, South Dakota, man convicted of Assaulting, Resisting and Impeding a Federal Officer was sentenced on April 19, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Charles Cordier, III, age 22, was sentenced to 10 months in federal prison, followed by 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Cordier was indicted by a federal grand jury on January 14, 2020. He pled guilty on February 1, 2021.
The conviction stemmed from an incident that occurred in the afternoon of November 5, 2019, in Rosebud, South Dakota. On that date, Cordier was arrested by a Rosebud Sioux Tribe Law Enforcement Services Officer for assaulting his girlfriend and placed in a patrol vehicle. As the arresting officer was preparing to depart the scene, Cordier began kicking the patrol vehicle window. The officer opened the door to restrain Cordier, at which point Cordier head-butted and kicked the officer.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Cordier was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Sentenced for Abusive Sexual ContactRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Rosebud, South Dakota, man convicted of Abusive Sexual Contact was sentenced on April 19, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Phillip Little Hoop, age 38, was sentenced to 120 months in federal prison, followed by 7 years of supervised release, and ordered to pay a special assessment to the Federal Crime Victims Fund in the amount of $100.
Little Hoop was indicted by a federal grand jury on September 10, 2019. He pled guilty on February 1, 2021.
The conviction stemmed from an incident that occurred on August 25, 2019, in Rosebud, wherein Little Hoop sexually assaulted a six-year-old child.
This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Little Hoop was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Illegal Possession of FirearmRead 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 Jeffrey L. Viken, District Judge.
Marvin Brings Plenty, age 30, was sentenced on April 16, 2021, to 30 months in federal prison, followed by 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The charge relates to Brings Plenty, a previously convicted felon who is prohibited from possessing firearms, knowingly possessing a Hi-Point 9mm Luger semi-automatic pistol in May 2020 at Rapid City, which was found after Brings Plenty came into contact with law enforcement during a traffic stop.
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.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Brings Plenty was immediately remanded to the custody of the U.S. Marshals Service.
Guatemalan Man Charged with Multiple Firearm ChargesRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Guatemala City, Guatemala, man has been indicted by a federal grand jury for Delivering Package with Firearms without Written Notice to the Carrier, Transferring Firearms to Out of State Resident, Making False Statement in Connection with a Purchase of Firearms, and Smuggling Goods from the United States.
Jordi Raul Rogel-Rodas, a/k/a “Jordy Raul,” age 23, was indicted on April 6, 2021. He appeared before U.S. Magistrate Judge Veronica L. Duffy on April 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, 3 years of supervised release, and up to $800 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on April 27, 2020, June 11, 2020, August 3, 2020, October 30, 2020, and November 24, 2020, Rogel-Rodas, in connection with the attempted acquisition of several firearms, falsely indicated he was purchasing firearms for himself, when he was, in fact, buying them for another person.
The Indictment also alleges that on January 6, 2021, Rogel-Rodas, not being a licensed firearms dealer, mailed seven firearms and 939 rounds of assorted caliber ammunition to someone residing in Guatemala.
The charges are merely accusation and Rogel-Rodas is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Alcohol, Tobacco, Firearm, and Explosives and Homeland Security Investigations. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Rogel-Rodas was released on bond pending trial, which has been set for July 20, 2021.
Eagle Butte Man Sentenced for Meth TraffickingRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that an Eagle Butte, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on April 19, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Samuel Swift Bird, age 30, was sentenced to 34 months in federal prison, followed by three years of supervised release, a $500 fine, a special assessment to the Federal Crime Victims fund in the amount of $100, and forfeiture of three firearms and ammunition.
Swift Bird was indicted by a federal grand jury on September 9, 2020. He pled guilty on February 1, 2021.
On August 30, 2019, at a motel in Eagle Butte, Swift Bird knowingly and intentionally possessed five grams of methamphetamine with intent to distribute. He also possessed a handgun and over $6,000 in U.S. currency.
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.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, the Cheyenne River Sioux Tribe Law Enforcement Services, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Swift Bird was immediately remanded to the custody of the U.S. Marshals Service.
Dupree Man Sentenced for Cattle ConversionRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Dupree, South Dakota, man convicted of Conversion of Mortgaged or Pledged Property was sentenced on April 19, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Daris William LaPlante, age 51, was sentenced to five years of probation and ordered to pay $74,700.58 in restitution to the Farm Service Agency of the U.S. Department of Agriculture. He must also pay a $100 special assessment to the Federal Crime Victims Fund.
LaPlante was indicted by a federal grand jury on August 11, 2020. He pled guilty on February 1, 2021.
In 2015, LaPlante took out a loan from the Farm Service Agency to purchase livestock and farm equipment for his ranch near Dupree, South Dakota. The livestock and equipment was secured as collateral for the loan. Over the next several years, LaPlante knowingly sold 44 head of cattle without the Farm Service Agency’s knowledge or consent. LaPlante kept the profits for himself instead of paying back his loan. He also gave away 20 cows that he could no longer care for, also without the Farm Service Agency’s knowledge or consent. The total loss for the stolen cattle amounted to $74,700.58.
The investigation was conducted by the U.S. Department of Agriculture, Office of Inspector General. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Black Hawk Man Sentenced on Robbery ChargeRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Black Hawk, South Dakota, man convicted of Interference with Commerce by Robbery was sentenced by Jeffrey L. Viken, U.S. District Judge.
Nicholas Butler, age 19, was sentenced on April 19, 2021, to 30 months in federal prison, followed by 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund and $1,579.49 in restitution to Rushmore Casino.
The charge relates to Butler who, along with two other individuals, robbed the casino at gunpoint in March 2020 in Rapid City.
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’ssignature 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 Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Butler was immediately remanded to the custody of the US Marshals Service.
Rapid City Man Found Guilty of Fifteen Internet Crimes Against ChildrenRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that Kyle Garret Soto, 34, of Rapid City, South Dakota, was convicted of five counts of Sexual Exploitation of a Minor, one count of Attempted Sexual Exploitation of a Minor, six counts of Enticement of a Minor Using the Internet, two counts of Receipt of Child Pornography, and one count of Possession of Child Pornography following a week-long federal jury trial held in U.S. District Court in Rapid City. The guilty verdicts were returned on April 16, 2021.
Between February 2014 and April 2018, Soto engaged in prolific sexual activity with numerous minors over the internet, including demanding, receiving, and sending pornographic images and videos. Soto threatened to distribute the minors’ images and videos online if they failed to comply with his ultimatums to provide him with additional pornographic items. Subsequent to his arrest in April 2018, forensic examination of Soto’s devices revealed hundreds of images of child pornography. Soto’s victims ranged in age from approximately 7 years old to 15 years old.
The investigation was conducted by the South Dakota Internet Crimes Against Children Task Force, South Dakota Division of Criminal Investigation, Department of Homeland Security, Pennington County Sheriff’s Office, Rapid City Police Department, Rhode Island Internet Crimes Against Children Task Force, and the New Mexico Office of the Attorney General.
Assistant U.S. Attorneys Sarah Collins and Heather Sazama prosecuted the case.
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.
James McKinstry, age 73, was indicted on February 19, 2021. McKinstry appeared before U.S. Magistrate Judge Daneta Wollmann on March 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.
The charges relate to McKinstry receiving and possessing child pornography between September 2016 and July 2020 at Rapid City. The charges are merely an accusation and McKinstry is presumed innocent until and unless proven guilty.
The investigation is a joint effort between the South Dakota Division of Criminal Investigation, Department of Homeland Security, Rapid City Police Department, and the Pennington County Sheriff’s office. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
McKinstry was released on conditions pending trial. A trial date has been set for June 1, 2021.
Black Hawk Man Sentenced for Illegal Possession of FirearmsRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Black Hawk, South Dakota, man convicted on two counts of Possession of a Firearm by a Prohibited Person was sentenced by Jeffrey L. Viken, District Judge.
Dana Greening, age 26, was sentenced on April 15, 2021, to 100 months in federal prison, followed by 3 years of supervised release, and was ordered to pay a $200 special assessment to the Federal Crime Victims Fund.
The charges relate to Greening, a previously convicted felon who is prohibited from possessing firearms, knowingly possessing a Glock, model 19, 9mm semi-automatic pistol and a Hi-Point, .40 caliber pistol, both with obliterated serial numbers. The Glock pistol was among the 24 firearms that were stolen by two other individuals from The Rooster sporting goods store in Rapid City in August 2018. During the investigation, 22 of the 24 stolen guns were recovered by law enforcement.
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.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, South Dakota Department of Criminal Investigation, Rapid City Police Department, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Greening was immediately remanded to the custody of the U.S. Marshals Service.
Aberdeen Man Charged with Distribution of Child PornographyRead the Press Release
Acting United States Attorney Dennis Holmes announced that an Aberdeen, South Dakota, man has been indicted by a federal grand jury for Distribution of Child Pornography.
Charles Chambers, age 36, was indicted on April 6, 2021. He appeared before U.S. Magistrate Judge William D. Gerdes on April 13, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 40 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 on or about February 23, 2021, Chambers knowingly distributed and attempted to distribute child pornography that has been mailed, shipped, and transported in or affecting interstate or foreign commerce by any means, including by computer.
The charge is merely an accusation and Chambers is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Aberdeen Police Department. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Chambers was remanded to the custody of the U.S. Marshals Service 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.
Myles Feather Earring, age 37, was indicted on April 6, 2021. He appeared before U.S. Magistrate Judge Veronica L. Duffy on April 15, 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 Feather Earring, 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 7, 2021, and February 9, 2021.
The charge is merely an accusation and Feather Earring 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.
Feather Earring was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mobridge Man Indicted for Meth TraffickingRead 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 Conspiracy to Distribute Methamphetamine.
Spencer Jacob Rinehart, age 28, was indicted on April 13, 2021. He appeared before U.S. Magistrate Judge William D. Gerdes on April 15, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 40 years in prison and/or a $5,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between January 1, 2017, and April 29, 2020, Rinehart knowingly and intentionally conspired with others to distribute and possess with intent to distribute 50 grams or more of methamphetamine in Mobridge, South Dakota.
The charge is merely an accusation and Rinehart is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Mobridge Police Department, the Northern Plains Safe Trails Drug Enforcement Task Force, the Corson County Sheriff’s Office, and the Bureau of Indian Affairs, Office of Justice Services. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Rinehart was released on conditions pending trial. A trial date has not been scheduled.
Iowa Man Charged with Failure to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Dennis Holmes announced that an Inwood, Iowa, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Kyle William King, age 34, was indicted on April 6, 2021. He appeared before U.S. Magistrate Judge Veronica L. Duffy on April 14, 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 on King, 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 October 1, 2020, and February 8, 2021.
The charge is merely an accusation and King 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.
King was remanded to the custody of the State pending trial. A trial date has not been set.
Colorado Man Indicted for Meth TraffickingRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Colorado Springs, Colorado, man has been indicted by a federal grand jury for Possession with Intent to Distribute Methamphetamine.
Chad William Chapman, age 36, was indicted on April 13, 2021. He appeared before U.S. Magistrate Judge William D. Gerdes on April 15, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 40 years in prison and/or a $5,000,000 fine, a lifetime 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 the District of South Dakota, Chapman knowingly and intentionally possessed 50 grams or more of methamphetamine with intent to distribute it. Chapman was pulled over by the Aberdeen Police Department in Aberdeen and found in possession of nearly a pound of methamphetamine and $6,135 in U.S. currency.
The charge is merely an accusation and Chapman is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Aberdeen Police Department and the Brown County Sheriff’s Office. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Chapman was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been scheduled.
Aberdeen Man Indicted on Firearm ChargeRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that an Aberdeen, South Dakota, man has been indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person.
Brent Wayne Vostad, age 36, was indicted on April 13, 2021. He appeared before U.S. Magistrate Judge William D. Gerdes on April 15, 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, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on February 27, 2021, in Aberdeen, South Dakota, Vostad, while knowingly being a convicted felon and a user of a controlled substance, knowingly possessed a loaded handgun, which had been transported in interstate commerce.
The charge is merely an accusation and Vostad is presumed innocent until and unless proven guilty.
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.
The investigation is being conducted by the Aberdeen Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Vostad was remanded into the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Butte Man Sentenced on Firearm ChargeRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that an Eagle Butte, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on April 12, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Neil Blue Coat, age 35, was sentenced to 14 months in federal prison, followed by two years of supervised release, a special assessment to the Federal Crime Victims fund in the amount of $100, and forfeiture of three handguns and ammunition.
Blue Coat was indicted by a federal grand jury on August 11, 2020. He pled guilty on January 11, 2021.
On July 14, 2017, in Eagle Butte, Blue Coat knowingly possessed a handgun while being a user of methamphetamine and marijuana. Blue Coat was also arrested on September 26, 2019, with two more handguns, marijuana, and several items of drug paraphernalia in Eagle Butte. The manufacturer’s serial number had been obliterated from one of the handguns.
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.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, the Cheyenne River Sioux Tribe Law Enforcement Services, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Blue Coat was immediately remanded 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.
Steven Roubideaux, age 51, was indicted on April 6, 2021. He appeared before U.S. Magistrate Judge Veronica L. Duffy on April 8, 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 Roubideaux, 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 May 17, 2020, and May 28, 2020.
The charge is merely an accusation and Roubideaux 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.
Roubideaux was remanded to the custody of the U.S. Marshals Service 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.
Billy Frank Burchell, age 50, was indicted on April 6, 2021. He appeared before U.S. Magistrate Judge Veronica L. Duffy on April 8, 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 on Burchell, 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 6, 2019, and November 10, 2020.
The charge is merely an accusation and Burchell 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.
Burchell was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Sex Offender Makes Appearance in Federal Court for Failing to RegisterRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Sioux Falls, South Dakota, man previously convicted of felony sex crimes, appeared in federal court.
Jeremiah Calvin Rederth, age 38, made his appearance from U.S. Penitentiary – Leavenworth, in Leavenworth, Kansas, before U.S. Magistrate Judge Veronica L. Duffy. Rederth pled guilty to the Indictment returned against him for Failure to Register as a Sex Offender.
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 2 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 2 times per year and update the sex offender registry within 3 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 investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Rederth was remanded to custody to continue serving his sentence for other conduct. A sentencing date has not been set.
Sex Offender Makes Appearance in Federal Court for Failing to RegisterRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Texas man, previously convicted of felony sex crimes, appeared in federal court.
Rene Albarez DeLeon, Jr., age 44 of Texas, made his appearance in federal court in Pierre before U.S. Magistrate Judge William D. Gerdes. DeLeon pled not guilty to the Indictment returned against him for Failure to Register as a Sex Offender.
The maximum penalties for the offense are 10 years of imprisonment, and/or a $250,000 fine, a mandatory minimum term of five years, up to life, of supervised release, and $100 to the Federal Crime Victims Fund.
According to the Indictment, in April 2020, DeLeon, a person required to register under the Sex Offender Registration and Notification Act, knowingly failed to register and update a registration. He is a sex offender by reason of a conviction for sexual assault of a child under the laws of the State of Texas, and he traveled in interstate commerce, and having entered, left, and resided in Indian country, while failing to register or update his registration.
The charge against DeLeon is merely an accusation, and he is presumed innocent until and unless proven guilty.
This investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the cases.
DeLeon was remanded to custody to continue serving his sentence for other conduct. A trial date has not been set.
Rapid City Man Indicted for Failure to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Sonny Ray Escarsega, a/k/a Sonny Ray Ruiz, age 38, was indicted on October 14, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 8, 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.
Escarsega was convicted of Aggravated Sexual Abuse in July 2003. As a result of this conviction, he is required to register as a sex offender. It is alleged that between August 10, 2020, and October 14, 2020, Escarsega, 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 Escarsega 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.
Escarsega was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Pine Ridge Man Receives 35-Year Sentence for Second Degree MurderRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Pine Ridge, South Dakota, man convicted of Second Degree Murder was sentenced by Jeffrey L. Viken, U.S. District Court.
Ricky Bagola, age 34, was sentenced on April 6, 2021, to 35 years in federal prison, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund for each charge.
Bagola was indicted by a federal grand jury in June 2020. On the morning of January 3, 2020, Bagola and two others went to a residence in Pine Ridge to confront an individual about being shorted methamphetamine. Bagola was denied entry into the home by the occupants. Bagola used his .22 caliber firearm to shoot seven rounds into the home, two of which struck and killed the victim.
This case was investigated by the Oglala Sioux Tribe Department of Public Safety and the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Bagola was immediately turned over to the custody of the U.S. Marshals Service.