District of South Dakota
Press releases recorded for this federal judicial district.
Medtronic to Pay over $9.2 Million to Settle Allegations of Improper Payments to South Dakota NeurosurgeonRead the Press Release
WASHINGTON – Minnesota-based medical device maker Medtronic USA Inc. has agreed to pay $8.1 million to resolve allegations that it violated the False Claims Act by paying kickbacks to induce a South Dakota neurosurgeon to use certain Medtronic products, the Department of Justice announced today.
Medtronic also agreed to pay an additional $1.11 million to resolve allegations that it violated the Open Payments Program by failing to accurately report payments it made to the neurosurgeon to the Centers for Medicare & Medicaid Services (CMS).
“Kickbacks undermine the integrity of federal healthcare programs and increase costs borne by taxpayers,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Department of Justice’s Civil Division. “This case demonstrates the Department of Justice’s commitment to ensure that medical device manufacturers do not use improper financial relationships to influence physician decision-making.”
“We expect doctors to make medical decisions based on what is best for their patients, not what is best for their bank accounts,” said U.S. Attorney Ron Parsons for the District of South Dakota. “The quality of medical care is eroded – and patients and their families suffer – when companies and physicians enter into these sorts of under the table schemes to create illegal financial incentives to increase the use of medical devices.”
“Allegations of kickbacks are taken very seriously. Such actions threaten the integrity of federal healthcare systems,” said Curt L. Muller, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services (HHS-OIG). “We will continue working with our law enforcement partners to protect patients and taxpayers.”
“CMS’ Open Payments Program is intended to promote transparency and accountability in the healthcare system. Manufacturers that misreport their financial relationships with healthcare providers erode the integrity of the Open Payments Program and will be held accountable,” said Brenna E. Jenny, HHS Deputy General Counsel and CMS Chief Legal Officer. “CMS looks forward to continued partnership with the Department of Justice to resolve allegations of manufacturers skirting their Open Payments obligations.”
The Anti-Kickback Statute prohibits directly or indirectly offering or paying anything of value to induce the referral of items or services covered by Medicare, Medicaid, TRICARE, and other federal healthcare programs.
The settlement announced today resolves allegations that Medtronic agreed to the requests of South Dakota neurosurgeon, Wilson Asfora, M.D., to pay for social events at Carnaval Brazilian Grill, a restaurant Medtronic knew Asfora owned, including scores of expensive meals. Medtronic allegedly made the payments to benefit Asfora and induce him to use Medtronic’s SynchroMed II intrathecal infusion pumps, which are implantable devices used to deliver medication to patients. The United States alleged that Medtronic’s sponsored events at Asfora’s restaurant were social gatherings for which Asfora selected and invited his social acquaintances, business partners, favored colleagues, and potential and existing referral sources, while Medtronic paid for their meals and drinks. Over a nine-year period, Medtronic allegedly paid for more than one hundred events at Asfora’s restaurant.
This settlement also resolves Medtronic’s liability under CMS’ Open Payments Program, which was established by the Affordable Care Act and requires medical device manufacturers like Medtronic to disclose to CMS certain payments or other transfers of value to a physician like Asfora. The United States alleged that Medtronic made payments to Asfora’s restaurant at his request, knowing that Asfora owned the restaurant, but underreported those payments to CMS.
Asfora and two of his other companies are defendants in a separate FCA lawsuit in which the United States filed a complaint in November 2019, alleging that Asfora received kickbacks to use certain implants in his spinal surgeries. That pending case is captioned United States ex rel. Bechtold, et al. v. Asfora, et al., No. 4:16-cv-04115-LLP (D.S.D.).
The government’s pursuit of these matters illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800‑HHS‑TIPS (800-447-8477).
The settlement was the result of an investigation by the Department of Justice’s Civil Division, the U.S. Attorney’s Office for the District of South Dakota, and HHS-OIG. As part of the settlement, Medtronic agreed to cooperate with the Department’s investigations of and litigation against other parties, and the device maker took remedial action once it learned of the wrongdoing, including terminating a sales representative and sales manager and disciplining twelve other employees involved in the alleged misconduct.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Rapid City Man Sentenced for Failure to RegisterRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on October 23, 2020, by Judge Jeffrey L. Viken, U.S. District Court.
Albert Charles Kills Right, Jr., age 46, was sentenced to 33 months in federal prison, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The conviction stemmed from Kills Right, who is a person required to register under the Sex Offender Registration and Notification Act, knowingly failing to register and update his registration between May 30, 2018, and November 11, 2019.
The investigation was conducted by the U.S. Marshals Service. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Kills Right was immediately remanded to the custody of the U.S. Marshals Service.
Contracting Company Owner Sentenced to 84 Months in Prison and Another Business Partner Charged for Roles in Bribery SchemeRead the Press Release
United States Attorney Ron Parsons announced today that a former contracting company owner was sentenced for his role in a bribery scheme. John Thomas German, Jr., age 37 of Peever, South Dakota, was sentenced to 84 months of imprisonment for a loss exceeding $465,000. He was ordered to pay $100 to the Federal Crime Victims Fund. Following his release from custody, German will serve 3 years of supervised release. U.S. District Judge Charles B. Kornmann presided over the sentencing hearing.
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.
German, along with two other partners, 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, whom was an agent of the Dakota Nations Development Corporation, in connection with a transaction and series of transactions of the Dakota Nations Development Corporation involving $5,000 or more.
White pleaded guilty to his role in the bribery scheme on August 24, 2020. He will be sentenced by Judge Kornmann on May 24, 2021.
Kevin Trio, age 58, a partner of Tatanka Contracting, was recently charged for Making Material False Statements to federal agents who were investigating the business dealings surrounding the Elderly Project. Trio was also charged with Misprision of a Felony. He made his appearance on October 21, 2020, before U.S. Magistrate Judge William D. Gerdes and entered a plea of not guilty. The charges are merely accusations, and Trio is presumed innocent until and unless proven guilty. He was released pending trial.
German was ordered to self-report to the U.S. Marshal’s Service or Bureau of Prisons to begin serving his term of imprisonment at a date to be determined.
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 United States 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.
Sioux Falls Man Sentenced for Meth Trafficking ConspiracyRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on October 26, 2020, by U.S. District Judge Karen E. Schreier.
Rex Leon Burtis, age 57, was sentenced to 144 months in federal custody, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Burtis was indicted by a federal grand jury on May 8, 2019. He was found guilty as a result of a federal trial in Sioux Falls on July 30, 2020.
The conviction stemmed from incidents beginning at an unknown date and continuing until about January 7, 2020, when Burtis and other co-conspirators intentionally conspired and obtained 500 grams or more of methamphetamine through the U.S. Postal Service and resold it to others in the District of South Dakota. Methamphetamine is a Schedule II controlled substance.
This case was investigated by the Division of Criminal Investigation, the U.S. Postal Service, the Drug Enforcement Administration, the Sioux Falls Drug Task Force, and the Minnehaha County Sheriff’s Office. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Burtis was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Indicted for Failure to Register as Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Reno Chadwick Roubideaux, age 46, was indicted on October 14, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 21, 2020, 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. Restitution may also be ordered.
Roubideaux was convicted of Aggravated Sexual Abuse of a Minor in June 1994. As a result of the conviction, he is required to register as a sex offender. The Indictment alleges between August 8, 2020, and September 14, 2020, Roubideaux, 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 Roubideaux is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Michael Elmore 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.
Rosebud Man Charged with Involuntary ManslaughterRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Involuntary Manslaughter.
Robert Stands And Looks Back, a/k/a Robert Stands, Jr., age 45, was indicted on October 14, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 21, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 8 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 August 25, 2020, in Todd County, South Dakota, Stands And Looks Back killed a man by operating a motor vehicle in a grossly negligent manner.
The charge is merely an accusation and Stands And Looks Back 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.
Stands And Looks Back was released on bond pending trial. A trial date has not been set.
Rosebud Man Charged with Involuntary ManslaughterRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Involuntary Manslaughter.
Emanuel Marcus Crow Dog-Luxon, age 22, was indicted on October 14, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 21, 2020, 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 August 24, 2020, in Todd County, South Dakota, Crow Dog-Luxon killed a woman by operating a motor vehicle in a grossly negligent manner.
The charge is merely an accusation and Crow Dog-Luxon 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 Michael Elmore is prosecuting the case.
Crow Dog-Luxon was released on bond pending trial. A trial date has not been set.
Rapid City Man Indicted for Failure to Register as Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Calvin Spotted Tail, age 30, was indicted on October 14, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 21, 2020, 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. Restitution may also be ordered.
Spotted Tail was convicted of Sexual Abuse in December 2005. As a result of the conviction, he is required to register as a sex offender. The Indictment alleges that between June 18, 2020, and September 25, 2020, Spotted Tail, 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.
The charge is merely an accusation and Spotted Tail 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.
Spotted Tail was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mission Woman Indicted on Assault ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, woman has been indicted by a federal grand jury for Assault With a Dangerous Weapon.
Julia Larae Swift Hawk, age 25, was indicted on October 14, 2020. She appeared before U.S. Magistrate Judge Mark A. Moreno on October 21, 2020, 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 January 14, 2020, Swift Hawk assaulted two individuals with a sharp edged instrument following a verbal confrontation.
The charge is merely an accusation and Swift Hawk 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 Michael J. Elmore is prosecuting the case.
Swift Hawk was released on bond pending trial. A trial date has not been set.
McLaughlin Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a McLaughlin, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on October 19, 2020, by U.S. District Judge Charles B. Kornmann.
Amos Talks, age 26, was sentenced to 42 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.
Talks was indicted by a federal grand jury on August 13, 2019. He pled guilty on July 27, 2020.
The conviction stemmed from an incident on June 21, 2018, in McLaughlin, when law enforcement was called to a residence where Talks was highly-intoxicated. When law enforcement arrived, Talks refused to comply with law enforcement, resisted arrest, and a physical altercation commenced, resulting in Talks kicking the officer in the thighs and groin, charging and hitting the officer, and biting the officer’s hand, arm, and knuckles.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency, and the Federal Bureau of Investigation. Assistant U.S. Attorney Kirsten Jasper prosecuted the case.
Talks was immediately turned over to the custody of the U.S. Marshals Service.
Bullhead Man Sentenced for ManslaughterRead the Press Release
United States Attorney Ron Parsons announced that a Bullhead, South Dakota, man convicted of Manslaughter was sentenced on October 19, 2020, by U.S. District Judge Charles B. Kornmann.
William Brown Otter, a/k/a Arby, age 38, was sentenced to 24 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.
Brown Otter was indicted by a federal grand jury on November 13, 2019. He pled guilty on June 22, 2020.
The conviction stemmed from an incident on October 25, 2019, in McLaughlin, when Brown Otter struck an individual in the face with his fist, causing the victim to land on his head on the concrete sidewalk. The victim died as a result of the injuries sustained to his head.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency and the Federal Bureau of Investigation. Assistant U.S. Attorney Kirsten Jasper prosecuted the case.
Brown Otter was immediately turned over to the custody of the U.S. Marshals Service.
Former Office Manager for the Rapid City Rush Hockey Team Sentenced for Wire Fraud and Tax EvasionRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, woman convicted of two counts of Wire Fraud and one count of Tax Evasion was sentenced by Jeffrey L. Viken, U.S. District Judge.
Jennifer Durham, age 42, was sentenced on October 19, 2020, to 37 months in federal prison, and was ordered to pay $700,000 in restitution to The Rapid City Rush, $186,277.00 in restitution to the Internal Revenue Service, and a $300 special assessment to the Federal Crime Victims Fund and.
Between February 2010 and June 2019, Durham, while employed as the office manager for Rapid City Professional Hockey, LLC (RCPH), stole $700,000.00 from RCPH. As part of her duties, Durham was responsible for the business accounting records and recording and depositing cash receipts on behalf of RCPH. As part of her scheme to defraud, Durham caused fraudulent payments to herself in excess of her salary agreement, made unauthorized wire transfers from RCPH’s bank account to pay her personal credit card, made unauthorized wire transfers from RCPH’s bank account to her personal account, and fraudulently diverted cash proceeds for her own personal use. In order to cover up her theft, Durham made false entries into the RCPH accounting records to give the illusion the money she was stealing was spent on legitimate business expenses.
During the same time period, Durham also willfully attempted to evade or defeat taxes imposed under the Internal Revenue Code. Durham accomplished this by underreporting her income from tax years 2010 through 2018 by a total of $688,867.67, resulting in a tax loss of $186,277.00.
“Mrs. Durham used her position as Rush’s finance manager to embezzle hundreds of thousands of dollars for her own personal benefit. She did so for a period of nine years,” said Adam Steiner, Acting Special Agent in Charge of the IRS Criminal Investigation division in the St. Louis Field Office. “Mrs. Durham’s sentencing is a direct result of how serious the courts take federal crimes.”
The investigation was conducted by the Internal Revenue Service – Criminal Investigation and the Federal Bureau of Investigation. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Durham was ordered to self-surrender to the U.S. Marshals Service on January 19, 2021, to begin serving her custody sentence.
Wagner Man Charged with MurderRead the Press Release
United States Attorney Ron Parsons announced that a Wagner, South Dakota, man has been indicted by a federal grand jury for Second Degree Murder.
Ronald Bohn, age 50, was indicted on October 7, 2020. He appeared before U.S. Magistrate Judge Veronica L. Duffy on October 15, 2020, 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, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on September 15, 2020, Bohn unlawfully and with malice aforethought murdered a human being, by stabbing him.
The charge is merely an accusation and Bohn is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Yankton Sioux Law Enforcement, with assistance from the Charles Mix County Sheriff’s Office, Wagner Police Department, and the South Dakota Highway Patrol. Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.
Bohn was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for December 22, 2020.
Tyndall Man Sentenced for Possession of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that a Tyndall, South Dakota, man convicted of Possession of Child Pornography was sentenced on October 13, 2020, by U.S. District Judge Lawrence L. Piersol.
Paul Hovorka, age 25, was sentenced to 50 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.
Hovorka was indicted by a federal grand jury on February 4, 2020. He pled guilty on July 30, 2020.
The conviction stemmed from incidents between June 15, 2019, and November 21, 2019, when Hovorka accessed child pornography using a private social media network known as "MeWe." Using the "MeWe" app, he uploaded images of child pornography and shared images of child pornography with other users of the "MeWe" app. After receiving a cybertip of the illegal activity, law enforcement officers obtained a search warrant and discovered child pornography on two of Hovorka's cell phones.
This case was investigated by South Dakota Division of Criminal Investigation and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Hovorka is required to report to the U.S. Marshals Service on October 29, 2020.
Murdo Woman Sentenced for Meth TraffickingRead the Press Release
United States Attorney Ron Parsons announced that a Murdo, South Dakota, woman convicted of Conspiracy to Distribute Methamphetamine was sentenced on October 19, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Harvi Lynn Sharp Butte, a/k/a Harvi Lynn Little Shield, age 41, was sentenced to 24 months in federal prison, followed by 3 years of supervised release, a $500 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Sharp Butte was indicted by a federal grand jury on March 10, 2020. She pled guilty on July 20, 2020.
The conviction stemmed from a conspiracy in 2019 wherein Sharp Butte conspired with others to distribute 50 grams or more of methamphetamine on the Rosebud Sioux Indian Reservation in South Dakota. On March 5, 2019, Sharp Butte and a co-conspirator were arrested after law enforcement uncovered a handgun, over $12,000 in U.S. currency, and a small amount of methamphetamine in their vehicle near Mission, South Dakota.
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 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 Rosebud Sioux Tribe Law Enforcement Services, the Northern Plains Safe Trails Drug Enforcement Task Force, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Sharp Butte was immediately remanded to the custody of the U.S. Marshals Service.
Mitchell Man Sentenced for Possession of Firearm by Prohibited PersonRead the Press Release
United States Attorney Ron Parsons announced that a Mitchell, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on October 19, 2020, by U.S. District Judge Karen E. Schreier.
Matthew John Sweeney, age 36, was sentenced to 5 years of probation and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Sweeney was indicted by a federal grand jury on December 9, 2019. He pled guilty on July 30, 2020.
The conviction stemmed from an incident on or about September 7, 2019, when the Mitchell Police Department conducted a traffic stop on Sweeney’s vehicle. Sweeney was subsequently arrested and his vehicle searched. Law Enforcement found a handgun with an obliterated number, ammunition, as well as drug and drug-related items. At the time of his arrest, Sweeney was the subject of a valid protection order which prohibited him from using or attempting to use force against another person.
ATF examined the firearm and concluded it was manufactured at a facility outside of South Dakota and, thus, transported across state lines.
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 the local community 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 Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Mitchell Police Department. Special Assistant U.S. Attorney Tamara Nash prosecuted the case.
Mission Woman Sentenced for Assaulting Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, woman convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on October 19, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Brandi King, age 31, was sentenced to 1 month in federal custody followed by seven months of home confinement, with 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
King was indicted by a federal grand jury on January 14, 2020. She pled guilty on October 19, 2020.
The conviction stemmed from an incident that occurred in Todd County, South Dakota, on December 7, 2019. On that date, King was the passenger in a vehicle stopped by law enforcement for driving on the wrong side of the road. The driver was arrested for driving under the influence of alcohol. King was arrested for public intoxication and an open container violation. While being placed in the back seat of a patrol vehicle, King spit into the arresting officer’s face. Shortly after this assault, the officer developed a staph infection on his face where King had spit on him.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
King was to ordered to self-report by 4:00 p.m. on October 19, 2020, to the custody of the U.S. Marshals Service.
Lake Traverse Trio Charged with Robbery and Aggravated Assault that Nearly Resulted in Victim’s DeathRead the Press Release
United States Attorney Ron Parsons announced that two males and one female have been indicted by a federal grand jury for three counts of aggravated assault, maiming, and robbery.
Tiffany Bernard, age 28, and Randall Delbert Pumpkinseed, age 31, were indicted on October 6, 2020. Each appeared before U.S. Magistrate Judge William D. Gerdes on October 15, 2020, and pled not guilty to the Indictment.
Brendon Javon Jacob Rodlund, age 31, was indicted on the same day. He is scheduled to appear before U.S. Magistrate Judge William D. Gerdes on December 14, 2020, and is expected to plead not guilty to the Indictment.
The Indictment alleges that during the night between November 16 and 17, 2015, Rodlund, Bernard, and Pumpkinseed, while aiding and abetting each other, assaulted the victim in an effort to rob the victim of property and things of value. Each defendant was charged with the following: assault with intent to commit murder; maiming the victim; robbery; assault with a dangerous weapon; assault resulted in serious bodily injury.
A conviction for assault with intent to commit murder and maiming each carry a maximum penalty of 20 years in federal prison; robbery carries a maximum penalty of 15 years; assault with a dangerous weapon and assault resulting in serious bodily injury each carry a maximum penalty of 10 years. Each count also carries a $250,000 fine, or both fine and imprisonment, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges are merely accusations and Rodlund, Bernard, and Pumpkinseed are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Rodlund is currently in federal prison and being transported to South Dakota to make his appearance in court on these charges. Bernard and Pumpkinseed are to be arraigned on October 19 and October 21, 2020, and each are currently detained. A trial date has not been set.
Wakonda Man Sentenced for Meth Trafficking ConspiracyRead the Press Release
United States Attorney Ron Parsons announced that a Wakonda, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on October 13, 2020, by U.S. District Judge Lawrence L. Piersol.
Ricky Bryan Giedd, age 51, was sentenced to 132 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.
Giedd was indicted by a federal grand jury on March 6, 2020. He pled guilty on July 16, 2020.
During his involvement, Giedd and co-conspirators distributed methamphetamine in South Dakota and elsewhere. They were aware that the methamphetamine supplied would be distributed to drug customers in South Dakota. Methamphetamine is a Schedule II controlled substance.
This case was investigated by the Drug Enforcement Agency, South Dakota Division of Criminal Investigation, South Dakota Highway Patrol, Yankton County Sheriff’s Office, and the Clay County Sheriff’s Office. Special Assistant U.S. Attorney Tamara Nash prosecuted the case.
Giedd was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Men Charged with Possession of a Firearm by Prohibited PersonRead the Press Release
United States Attorney Ron Parsons announced that two Sioux Falls, South Dakota, men have been indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person.
Johnathan David Hackett, age 39, was indicted on October 6, 2020, and was also charged with Possession of a Stolen Firearm. He appeared before Veronica L. Duffy on October 14, 2020, and pled not guilty to the Indictment.
Allen Vincent Shropshire, age 59, was indicted on October 6, 2020. He also appeared before Veronica L. Duffy on October 14, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
On or about May 23, 2020, in the District of South Dakota, Hackett, having been convicted of a crime punishable by imprisonment for a term exceeding one year, and then knowing he had been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly and intentionally possessed, sold, and disposed of a stolen firearm, knowing it was stolen, which had been shipped and transported in interstate and foreign commerce.
On or about September 20, 2020, in the District of South Dakota, Shropshire, having been convicted of a crime punishable by imprisonment for a term exceeding one year, and then knowing he had been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly and intentionally possess a firearm, which had been shipped and transported in interstate and foreign commerce.
The charges are merely accusations and Hackett and Shropshire are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Connie Larson is prosecuting both cases.
Hackett was returned to state custody, and Shropshire was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set for either matter.
Sioux Falls Man and Arizona Man Sentenced for Conspiracy to Distribute a Controlled SubstanceRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man and a Phoenix, Arizona, man convicted of Conspiracy to Distribute a Controlled Substance were sentenced on May 18, 2020, and August 26, 2020 respectively, by U.S. District Judge Karen E. Schreier.
Marcus Anthony Durrani, age 21, was sentenced to 108 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.
Steven Wayne Knecht, age 47, 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.
Durrani and Knecht were indicted by a federal grand jury on July 9, 2019. Durrani pled guilty on February 24, 2020, and Knecht pled guilty on June 3, 2020.
The conviction stemmed from incidents beginning on an unknown date and continuing until approximately May 5, 2019, when both Durrani and Knecht reached an agreement or came to an understanding to distribute 500 grams or more of methamphetamine in the District of South Dakota. Methamphetamine is a Scheduled II controlled substance. They voluntarily joined in the agreement and knew the purpose of the understanding.
Durrani would receive methamphetamine from a co-conspirator in South Dakota and he would then re-distribute it to other co-conspirators for sale to their own customers. Durrani was aware that that methamphetamine would be resold.
Knecht drove a vehicle that contained approximately 50 pounds to methamphetamine to a co-conspirator in Sioux Falls at the direction of others. Knecht did not ask, but was aware that he was assisting co-conspirators in the distribution of a controlled substance.
This case was investigated by the Drug Enforcement Administration, South Dakota Division of Criminal Investigation, Sioux Falls Police Department, South Dakota Highway Patrol, Iowa State Patrol, and the State of Iowa Department of Public Safety. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Durrani and Knecht were immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced for Meth Trafficking ConspiracyRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on October 13, 2020, by U.S. District Judge Lawrence L. Piersol.
Pierre Patrick LeClaire, a/k/a “Uncle,” age 47, was sentenced to 151 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.
LeClaire was indicted by a federal grand jury on March 3, 2020. He pled guilty on July 16, 2020.
During his involvement, LeClaire and co-conspirators transported and distributed methamphetamine in South Dakota and elsewhere. They were aware that the methamphetamine supplied would be distributed to drug customers in South Dakota. Methamphetamine is a Schedule II controlled substance.
This case was investigated by the Drug Enforcement Administration, South Dakota Division of Criminal Investigation, Sioux Falls Police Department, South Dakota Highway Patrol, Iowa State Patrol, and the State of Iowa Department of Public Safety. Special Assistant U.S. Attorney Tamara Nash prosecuted the case.
LeClaire was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Charged with 16 Counts of Wire FraudRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Wire Fraud.
Dallas Harkness, age 63, was indicted on October 7, 2020. He appeared before U.S. Magistrate Judge Veronica L. Duffy on October 8, 2020, 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 up to $1,600 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on beginning on or about January 2010 and continuing through September 25, 2018, Harkness, who was a sales manager for Curry Seed Company located in Elk Point, South Dakota, devised and intended to devise a scheme and artifice to defraud and to obtain money and property from others by means of false and fraudulent pretenses, representations, and promises, using electronic wire communications.
Harkness would receive checks from Curry Seed customers as payment or pre-payment for seed, but instead of sending the checks to Curry Seed for deposit, Harkness would falsely and fraudulently deposit some of those checks from customers into checking account he controlled. Harkness then used the funds for his own purposes.
The charges are merely accusations and Harkness is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.
Harkness was released on bond pending trial. A trial date has not been set.
Rapid City Man Sentenced for Conspiracy to Commit Wildlife TraffickingRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Conspiracy to Commit Wildlife Trafficking was sentenced on October 6, 2020, by Judge Jeffrey L. Viken, U.S. District Court.
Troy Fairbanks, age 57, was sentenced to 5 years’ probation, and was ordered to pay $15,816 in restitution to the National Fish and Wildlife Foundation, and a $100 special assessment to the Federal Crime Victims Fund.
Fairbanks was indicted by a federal grand jury in March 2017. The charge related to Fairbanks conspiring with his sons and other individuals to traffic in wildlife—specifically, bald and golden eagles, various species of hawks, and fifteen other bird species—and parts of those birds. Fairbanks, the owner/operator of a Native American dance business called Buffalo Dreamers, bought, sold, traded, and bartered eagles and hawks and their parts on numerous occasions between July 17, 2014, and February 11, 2016. Fairbanks sold and traded hundreds of eagle feathers, as well as eagle wings, eagle heads, eagle claws, raptor claws, hawk feathers, and parts from other CITES I protected birds. The National Fish and Wildlife Forensic lab conducted DNA testing of the carcasses, parts, and feathers recovered through these purchases and after a search warrant conducted at Fairbanks’s home. The DNA testing revealed at least 112 eagles passed through his home during the investigation.
Fairbanks is one of the last defendants of the Project Dakota Flyer investigation to be sentenced. To date, 29 defendants have been sentenced, resulting in $56,000 in fines and $196,546 in restitution.
The investigation was conducted by the U.S. Fish & Wildlife Service. Assistant U.S. Attorneys Eric Kelderman and Meghan Dilges prosecuted the case.
Rapid City Man Charged with Aggravated Sexual Abuse at Ellsworth Air Force BaseRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse and two counts of Abusive Sexual Contact.
Anthony Joseph Terentino, Jr., age 44, appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is any term of imprisonment up to life in a 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 charges relate to Terentino engaging in nonconsensual sexual acts with a female at Ellsworth Air Force Base between December 2018 and May 2019.
The charges are merely accusations and Terentino is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Air Force Office of Special Investigations. Assistant U.S. Attorney Heather Sazama is prosecuting the case.
Terentino was released on bond pending trial. A trial date has been set for December 15, 2020.
Mission Man Sentenced for Wire FraudRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Wire Fraud was sentenced by Chief Judge Roberto A. Lange, U.S. District Court.
Calvin Waln, Jr., a/k/a “Hawkeye” Waln, age 42, was sentenced on October 5, 2020, to time served, 2 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered within 30 days.
Waln was indicted by a federal grand jury in March 2019. The charge related to Waln inheriting funds from a life insurance policy of his mothers. The funds were deposited into a bank account and a checkbook was provided to Waln for his use. Waln depleted the funds and then passed nine additional checks totaling $2,525.00, knowing there were insufficient funds in the account. Waln also used checks linked to a Wells Fargo account, which he knew was closed at least seven years, to write thirteen additional checks knowing there was no account with funds to cover them.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Heather Sazama prosecuted the case.
Marty Man Indicted on Assault ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Marty, South Dakota, man has been indicted by a federal grand jury for Assault with Intent Commit Murder, Assault with a Dangerous Weapon, and Assault Resulting in Serious Bodily Injury.
Gordon Primeaux, age 62, was indicted on October 7, 2020. He appeared before U.S. Magistrate Judge Veronica L. Duffy on October 14, 2020, 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 up to $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about August 22, 2020, Primeaux unlawfully assaulted a male victim, by repeatedly stabbing him in the chest with a knife.
The charges are merely accusations and Primeaux is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Yankton Sioux Law Enforcement. Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.
Primeaux was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Todd County Man Found Not Guilty of Aggravated Sexual AbuseRead the Press Release
United States Attorney Ron Parsons announced that a Todd County, South Dakota, man was acquitted of Aggravated Sexual Abuse as a result of a federal jury trial in Pierre, South Dakota, beginning on October 6, 2020, and concluding on October 8, 2020.
Conrad Good Voice, Jr., age 24, was indicted on February 11, 2020.
The charge stemmed from an alleged incident that occurred in June 2018, near Mission, South Dakota.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. The U.S. Attorney’s Office prosecuted the case.
Rosebud Man and Woman Charged with Burglary and LarcenyRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man and woman have been indicted by a federal grand jury for Second Degree Burglary and Larceny.
Jesse Phillip Clairmont, Jr., age 42, and Tera Jo Larvie, age 27, were indicted on March 9, 2020. Clairmont appeared before U.S. Magistrate Judge Mark A. Moreno on April 13, 2020, and Larvie appeared before U.S. Magistrate Judge Mark A. Moreno on October 7, 2020. On those respective dates, both pled not guilty to the Indictment. Clairmont changed his plea to guilty on August 12, 2020.
The maximum penalty upon conviction is up to 15 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 January 23, 2020, in Todd County, South Dakota, Clairmont and Larvie unlawfully entered a home and stole personal property valued at over $1,000.
The charges are merely accusations and Larvie 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 Michael J. Elmore is prosecuting the case.
Larvie was released on bond pending trial. A trial date has not been set for Larvie. Clairmont was released pending sentencing set for November 2, 2020.
Murdo Woman Sentenced on Meth ChargeRead the Press Release
United States Attorney Ron Parsons announced that a Murdo, South Dakota, woman convicted of Possession of Methamphetamine was sentenced on October 6, 2020, by U.S. Magistrate Mark A. Moreno.
Moriah Moran, age 33, was sentenced to 2 years’ probation and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Moran was indicted by a federal grand jury on March 10, 2020. She pled guilty on October 6, 2020.
The conviction stemmed from a traffic stop that occurred on May 7, 2019, on the Rosebud Sioux Indian Reservation in South Dakota. An eventual search of the vehicle revealed a small amount of methamphetamine and several items of drug paraphernalia.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Man from Pine Ridge Sentenced to Federal Prison for AssaultsRead the Press Release
United States Attorney Ron Parsons announced that a Pine Ridge, South Dakota, man convicted of Assault by Strangulation and Suffocation, two counts of Assault Resulting in Serious Bodily Injury, and Assault Resulting in Substantial Bodily Injury to a Spouse, Intimate Partner, or Dating Partner was sentenced by Jeffrey L. Viken, U.S. District Judge.
Dallas Yellow Shield Condon, age 25, was sentenced for the charges on October 1, 2020. On each charge he received 57 months in federal prison, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. It was further ordered that the time in federal prison and supervised release run concurrently.
Yellow Shield Condon was indicted by a federal grand jury in December 2018. On July 20, 2015, Yellow Shield Condon assaulted his sister in the face with his fist. She sustained maxillary sinus and orbital basement fractures. Following this assault in Pine Ridge, Yellow Shield Condon traveled to Wounded Knee and assaulted his dating partner by strangling her with his hands to the point of her losing consciousness. When she started to regain consciousness, Yellow Shield Condon physically assaulted her in the face, chest, and abdomen.
On October 28, 2015, just three months after the initial assaults, Yellow Shield Condon assaulted his dating partner multiple times with a closed fist injuring her face and nose. In October 2016, Yellow Shield Condon assaulted his dating partner in Pine Ridge by striking her in the face repeatedly. The victim’s nose was fractured, requiring surgical intervention.
This case was investigated by the Bureau of Indian Affairs, Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Yellow Shield Condon was immediately turned over to the custody of the U.S. Marshals Service.
Fort Thompson Man Charged with Sexual Abuse of a MinorRead the Press Release
United States Attorney Ron Parsons announced that a Fort Thompson, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Minor.
Dawson Donner, age 22, was indicted on September 9, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 5, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 years in federal prison and/or a $250,000 fine, 5 years and up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that in February 2020, in Buffalo County on the Crow Creek Reservation, Donner knowingly engaged in, and attempted to engage in, sexual acts with two minor victims who had not attained the age of 16.
The charge is merely an accusation and Donner is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Donner was released on bond pending trial. A trial date has not been set.
Two Men Sentenced for Meth Trafficking ConspiracyRead the Press Release
United States Attorney Ron Parsons announced that an Eagan, Minnesota, man and a Sioux Falls, South Dakota, man, both convicted of Conspiracy to Distribute a Controlled Substance, have been sentenced to federal prison terms by U.S. District Judge Karen E. Schreier.
Jason Allen Herr, age 42, from Sioux Falls, was sentenced to 262 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.
William John Hall, Jr., age 39, from Eagan, was sentenced to 97 months in federal prison, followed by 4 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Hall and Herr were indicted by a federal grand jury on August 6, 2019. Herr pleaded guilty on October 31, 2019, and Hall pleaded guilty on July 13, 2020. Herr was sentenced on January 13, 2020, and Hall was sentenced on October 5, 2020.
The convictions stemmed from incidents beginning on an unknown date and continuing until about July 31, 2019, when both Hall and Herr knowingly and intentionally conspired with each other and others and obtained 500 grams or more of methamphetamine and resold it to others in the District of South Dakota. Methamphetamine is a Scheduled II controlled substance.
This case was investigated by the Drug Enforcement Administration, the Sioux Falls Drug Task Force, and the Nobles County Sheriff’s Office. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Herr was immediately turned over to the custody of the U.S. Marshals Service following his sentencing. Hall is to self-surrender on or before October 19, 2020.
Sioux Falls Man Sentenced to 25 Years for ProductionRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Production of Child Pornography was sentenced on October 5, 2020, by U.S. District Judge Karen E. Schreier.
David Jon Kindle, age 40, was sentenced to 300 months in federal prison, five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Kindle was indicted by a federal grand jury on October 8, 2019. He pleaded guilty on July 13, 2020.
The conviction stemmed from an incident on or about between November 22, 2018, and November 28, 2018, when Kindle texted a 15-year-old girl. Kindle knew the girl's mother and texted the juvenile over 2,000 times. He eventually coerced the girl into sending him nude photos of herself.
Kindle’s lengthy prior criminal history prompted U.S. Attorney Ron Parsons to comment that: “Thanks to the combined efforts and teamwork of the Sioux Falls Police Department and the Federal Bureau of Investigation, another child predator has been taken off the streets.”
“Adults who use their access to children for their own sexual gratification are both a danger and a disgrace," said Michael Paul, special agent in charge of the FBI's Minneapolis Field Office. "The FBI and our law enforcement partners will never stop working to put predators who harm children behind bars. These are incredibly disturbing cases to investigate, but each time we're able to step in and protect a child victim from further sexual abuse, it's a good day," Paul added.
This case was investigated by the Sioux Falls Police Department and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Kindle was immediately turned over to the custody of the U.S. Marshals Service.
New Jersey Man Sentenced for Wire Fraud against Tribal CasinoRead the Press Release
United States Attorney Ron Parsons announced that a Mays Landing, New Jersey, man charged with Wire Fraud pled guilty and was sentenced on October 2, 2020, by District Judge Charles B. Kornmann.
Mark A. Johnson, d/b/a Atlantic Power & Equipment, L.L.C., age 60, was sentenced to 41 months in federal prison, followed by 3 years of supervised release, restitution to Dakota Nations Gaming Enterprise in the amount of $149,600, and $100 to the Federal Crime Victims Fund.
Johnson was indicted by a federal grand jury on March 5, 2019.
The conviction stemmed from an incident between on or about March 2014 and July 2014.
In approximately February 2014, the Sisseton Wahpeton Oyate (SWO) Tribal Council authorized the Dakota Magic Casino to purchase lawn maintenance equipment. The Dakota Nation Gaming Enterprise (DNGE) oversees gaming operations occurring on the SWO Reservation, including operations at the Dakota Magic Casino.
On or about March 25, 2014, Johnson submitted a proposal to the DNGE to provide refurbished lawn maintenance equipment. Johnson falsely and fraudulently represented that the equipment would be delivered to the Dakota Magic Casino four to six weeks after the date of order. The DNGE agreed to purchase the refurbished lawn maintenance equipment from Johnson.
On or about March 28, 2014, Dakota Magic Casino prepared and mailed a check for $149,600 payable to Atlantic Power & Equipment, LLC as full payment for the refurbished lawn maintenance equipment. Johnson received and deposited the check and used the funds for his own purposes. This transaction involved an interstate wire transmission on or about March 31, 2014, from Dacotah Bank in South Dakota to Wells Fargo Bank in New Jersey, through the Endpoint Exchange in Oklahoma. The equipment was never delivered to the Dakota Magic Casino, nor did Johnson refund the money to the Dakota Magic Casino.
The investigation was conducted by the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorney Ann M. Hoffman.
Johnson was remanded to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for Illegally Possessing Loaded FirearmRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on October 5, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Shilo Philip Hill, age 25, was sentenced to 84 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.
Hill was indicted by a federal grand jury on July 16, 2019. He pled guilty on July 20, 2020.
The conviction stemmed from a traffic stop involving Hill on April 18, 2019, west of Dupree, South Dakota. Hill was a passenger in the stopped car and at that time, he knowingly possessed a stolen and loaded .357 Mangum caliber revolver. In addition to the revolver, Hill possessed a scale, baggies, and a small amount of methamphetamine. Hill was prohibited from possessing firearms due to a felony conviction and the fact that he was a user of methamphetamine.
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 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 South Dakota Division of Criminal Investigation, and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Hill was immediately remanded to the custody of the U.S. Marshals Service.
Vermillion Woman Sentenced for Meth Trafficking ConspiracyRead the Press Release
United States Attorney Ron Parsons announced that a Vermillion, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on September 29, 2020, by U.S. District Judge Lawrence L. Piersol.
Pat Aske Win Jones, age 32, was sentenced to 120 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.
Jones was indicted for Conspiracy to Distribute a Controlled Substance (methamphetamine) by a federal grand jury on March 3, 2020. She pled guilty on June 24, 2020.
The conviction stemmed from incidents beginning on an unknown date and continuing until approximately March 2020.
On May 29, 2019, a vehicle Jones was driving in, for the purposes of transporting methamphetamine, was stopped and searched by law enforcement. Inside the vehicle, law enforcement located over 4,000 grams of methamphetamine.
This case was investigated by the Drug Enforcement Agency, South Dakota Division of Criminal Investigation, Sioux Falls Area Drug Task Force, and the Iowa State Patrol. Special Assistant U.S. Attorney Tamara Nash prosecuted the case.
Jones was immediately turned over to the custody of the U.S. Marshals Service.
Spearfish Man Charged with Sexual Exploitation of a MinorRead the Press Release
United States Attorney Ron Parsons announced that a Spearfish, South Dakota, man was charged in federal district court with Attempted Sexual Exploitation of a Minor.
Bernard Andrew Wagner, Jr., age 57, was charged on September 23, 2020. Wagner appeared before U.S. Magistrate Judge Daneta Wollmann on September 25, 2020, and pleaded not guilty to the charge. The maximum penalty upon conviction is a mandatory minimum of 15 up to 30 years in federal prison and/or a $250,000 fine, lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Wagner attempting to sexually exploit an undercover law enforcement agent posing as a minor. The charge is merely an accusation and Wagner is presumed innocent until and unless proven guilty.
The investigation is being conducted by the South Dakota Division of Criminal Investigation, Department of Homeland Security, Spearfish Police Department, Rapid City Police Department, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
Wagner was detained pending trial. A trial date has not been set.
Rapid City Man Sentenced for Possession of a Firearm by a Prohibited PersonRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on September 29, 2020, by U.S. District Judge Lawrence L. Piersol.
Jacob Gavin Robert McCloskey, age 22, was sentenced to 15 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.
McCloskey was indicted by a federal grand jury on March 3, 2020. He pled guilty on June 25, 2020.
The conviction stemmed from an incident on or about October 22, 2019, when McCloskey knowingly possessed a SCCY Industries, model CPX-2, 9x19mm Luger caliber, semi-automatic pistol bearing serial number 657216.
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 the local community 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 Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Special Assistant U.S. Attorney Tamara Nash prosecuted the case.
McCloskey was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Charged with Unlawful Possession of FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man was charged in federal district court with Possession of a Firearm by a Prohibited Person.
Jesse Warbonnett, age 23, was charged on September 17, 2020. Warbonnett appeared before U.S. Magistrate Judge Daneta Wollmann on September 25, 2020, and pleaded not guilty to the charge. The maximum penalty upon conviction is 10 years in federal prison and/or a $250,000 fine, 3 years’ supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Warbonnett, previously convicted of a felony and prohibited from possessing firearms, possessing a CZ, 7.62x25 caliber, semi-automatic pistol in September 2020 in Rapid City. The charge is merely an accusation and Warbonnett 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 Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson is prosecuting the case.
Warbonnett was detained pending trial. A trial date has not been set.
Rapid City Man Charged with Unlawful Possession of FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man was charged in federal district court with Possession of a Firearm by a Prohibited Person.
Jerel Gay, age 26, was charged on September 17, 2020. Gay appeared before U.S. Magistrate Judge Daneta Wollmann on September 25, 2020, and pleaded not guilty to the charge. The maximum penalty upon conviction is 10 years in federal prison and/or a $250,000 fine, 3 years’ supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Gay, previously convicted of a felony and prohibited from possessing firearms, possessing a Smith & Wesson 9mm semi-automatic pistol in August 2020 in Rapid City. The charge is merely an accusation and Gay 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 Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Benjamin Patterson is prosecuting the case.
Gay was detained pending trial. A trial date has not been set.
Rapid City Man Charged with Unlawful Possession of FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man was charged in federal district court with Possession of a Firearm by a Prohibited Person.
Isaiah Cross White, age 36, was charged on September 17, 2020. Cross White appeared before U.S. Magistrate Judge Daneta Wollmann on September 25, 2020, and pleaded not guilty to the charge. The maximum penalty upon conviction is 10 years in federal prison and/or a $250,000 fine, 3 years’ supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Cross White, previously convicted of a felony and prohibited from possessing firearms, possessing a Smith & Wesson double-action revolver in June 2020 in Rapid City. The charge is merely an accusation and Cross White 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 Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Benjamin Patterson is prosecuting the case.
Cross White was detained pending trial. A trial date has not been set.
Rapid City Man Charged with Unlawful Possession of FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man was charged in federal district court with Possession of a Firearm by a Prohibited Person.
Marvin Brings Plenty, age 30, was charged on September 17, 2020. Brings Plenty appeared before U.S. Magistrate Judge Daneta Wollmann on September 23, 2020, and pleaded not guilty to the charge. The maximum penalty upon conviction is 10 years in federal prison and/or a $250,000 fine, 3 years’ supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Brings Plenty, previously convicted of a felony and prohibited from possessing firearms, possessing a Hi-Point 9mm semi-automatic pistol in May 2020 in Rapid City. The charge is merely an accusation and Brings Plenty 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 Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson is prosecuting the case.
Brings Plenty was detained pending trial. A trial date has not been set.
Rapid City Man Charged with Sexual AbuseRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for two counts of Sexual Abuse.
Brandon Lindemann, a/k/a Brandon Lindeman, age 35, appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is any term of imprisonment up to life in a 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 charges relate to Lindemann sexually abusing a juvenile female at a time when she was incapable of consent, near Porcupine, in February 2020.
The charges are merely accusations and Lindemann is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Oglala Sioux Tribe Department of Public Safety and the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen is prosecuting the case.
Lindemann was released on bond pending trail. A trial date has been set for December 8, 2020.
Pine Ridge Man Sentenced for Embezzlement from Oglala Lakota CollegeRead the Press Release
United States Attorney Ron Parsons announced that a Pine Ridge, South Dakota, man convicted of Embezzlement from an Indian Tribal Organization was sentenced by Judge Jeffrey L. Viken, U.S. District Court.
John Jay Hussman III, age 33, was sentenced on September 24, 2020, to time served, 2 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund and $3,086.52 in restitution to Pizza Hut.
Hussman was indicted by a federal grand jury in March 2019. The charge related to Hussman coming into possession of a check written on the account of Oglala Lakota College to OST Financial Services in the amount of $2,004.25. Hussman endorsed the check in his own name and deposited it in his personal checking account in Gordon, Nebraska, on December 17, 2018. Hussman then engaged in a spending spree, depleting his checking account by making purchases at various local and online retailers, making ATM withdrawals, and making a payment to a credit card.
Hussman paid this money back to the Oglala Lakota College before sentencing. As part of the plea agreement, Hussman was also ordered to pay $3,086.52 in restitution to Pizza Hut and a second Larceny charge was dismissed.
This case was investigated by the Bureau of Indian Affairs - Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Heather Sazama prosecuted the case.
Mobridge Man Indicted for Meth TraffickingRead the Press Release
United States Attorney Ron Parsons announced that a Mobridge, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute Methamphetamine.
Stanley Gene Schily, Sr., age 65, was indicted on September 9, 2020. He appeared before U.S. Magistrate Judge William D. Gerdes on September 29, 2020, 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 beginning at a time unknown, but no later than January 1, 2020, and continuing through March 5, 2020, Schily knowingly and intentionally conspired with other people to knowingly and intentionally distribute and possess with the intent to distribute 50 grams or more of methamphetamine in and around Mobridge, South Dakota.
The charge is merely an accusation and Schily is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Mobridge Police Department, the Walworth County Sheriff’s Office, the Corson County Sheriff’s Office, and the Northern Plains Safe Trials Drug Enforcement Task Force. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Schily was remanded to the custody of the U.S. Marshals Service pending trial. A trial date was set for December 7, 2020.
Mission Woman Indicted for Maiming and AssaultRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, woman has been indicted by a federal grand jury for Maiming and Assault Resulting in Serious Bodily Injury.
Teyaune Clairmont, a/k/a Teyaune Clairmont Escobedo, age 29, was indicted on September 9, 2020. She appeared before U.S. Magistrate Judge Mark A. Moreno on September 30, 2020, 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 June 27, 2020, in Todd County, South Dakota, Clairmont assaulted a woman by biting her nose with the intent to maim and disfigure, and that the assault resulted in serious bodily injury.
The charges are merely accusations and Clairmont 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.
Clairmont was released on bond pending trial. A trial date has not been set.
Hudson Man Sentenced for Wire FraudRead the Press Release
United States Attorney Ron Parsons announced that a Hudson, South Dakota, man convicted of Wire Fraud was sentenced on September 29, 2020, by U.S. District Judge Lawrence L. Piersol.
Christopher Day, age 31, was sentenced to 5 years of probation, restitution in the amount of $319,041.86 to Pedersen Machine, Inc., and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Day was indicted by a federal grand jury on February 4, 2020. He pled guilty on June 17, 2020.
The conviction stemmed from incidents starting in 2015 until 2019, when Day, who was employed by Pedersen Machine, Inc., engaged in a scheme to steal tractor parts belonging to his employer, and selling them online.
Day would order the parts for himself but would not pay for them. Instead, he would make it appear that the parts were ordered on behalf of Pedersen Machine’s customers. When the parts arrived, he would take the parts home and canceled the orders on Pedersen Machine’s computer system so the legitimate customer did not receive an invoice. He would then sell the parts online from his home and convert the profits to his own use.
This case was investigated by the Federal Bureau of Investigation and the Division of Criminal Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Box Elder Man Indicted on Child Pornography ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Box Elder, South Dakota, man was charged in federal district court with Receipt of Child Pornography and Possession of Child Pornography.
John Cody Klingman, age 29, was charged on September 17, 2020. Klingman appeared before U.S. Magistrate Judge Daneta Wollmann on September 23, 2020, 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 Klingman receiving and possessing child pornography between October 2014 and October 2019. The charges are merely an accusation and Klingman 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.
Klingman was released on conditions. A trial date has been set for December 1, 2020.
Box Elder Man Indicted for Sexual Exploitation of MinorRead the Press Release
United States Attorney Ron Parsons announced that Box Elder, South Dakota, man was charged in federal district court with Sexual Exploitation of a Minor, Attempted Enticement of a Minor, Distribution of Child Pornography, Receipt of Child Pornography, and Possession of Child Pornography.
Cody Allen Green, age 37, was charged on September 17, 2020. Green appeared before U.S. Magistrate Judge Daneta Wollmann on September 21, 2020, and pleaded not guilty to the charges. The maximum penalty upon conviction is a mandatory minimum of 15 up to 30 years in federal prison and/or a $250,000 fine, a mandatory minimum of 5 years up to lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Green sexually exploiting an underage female in March 2019 via Facebook messenger by producing images of child pornography. He remained in possession of the images thereafter. A search of Green’s devices found that he knowingly received, distributed, and possessed images depicting minors involved in sexually explicit conduct. The charges are merely an accusation and Green is presumed innocent until and unless proven guilty.
The investigation is being conducted by the South Dakota Division of Criminal Investigation, the Department of Homeland Security, Department of the Air Force Office of Special Investigations, the Rapid City Police Department, and the Pennington County Sheriff’s office Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
Green was detained pending trial. A trial date has been set for November 24, 2020.