District of South Dakota
Press releases recorded for this federal judicial district.
Two Men Indicted on Meth Trafficking ChargesRead the Press Release
United States Attorney Ron Parsons announced that two St. Francis, South Dakota, men have been indicted by a federal grand jury for Conspiracy to Distribute Methamphetamine.
Charles Little Elk, III, a/k/a Charlie Little Elk, age 37, and Todd Eastman, Jr., age 32, were indicted on July 16, 2020. They appeared before U.S. Magistrate Judge Mark A. Moreno on August 6, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is a mandatory minimum of 10 years, up to life in prison and/or a $10,000,000 fine, at least 5 years, up to a lifetime of supervised release, and $100 to the Federal Crime Victims Fund for each Count. Restitution may also be ordered.
The Indictment alleges that a conspiracy began on or about January 1, 2015, and continued to on or about January 17, 2017, where Little Elk and Eastman knowingly and intentionally conspired to distribute and possess with intent to distribute 500 grams or more of methamphetamine on the Rosebud Indian Reservation.
The charges are merely accusations and Little Elk and Eastman are presumed innocent until and unless proven guilty.
The investigation is being conducted 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 is prosecuting the case.
Little Elk and Eastman were released on bond pending trial. A trial date has not been set.
Sioux Falls Man Sentenced for Meth TraffickingRead 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 August 10, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Adam Michael Tanner, age 47, was sentenced to 144 months in federal prison, followed by 5 years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Tanner was indicted by a federal grand jury on September 10, 2019. He pled guilty on May 19, 2020.
The conviction stemmed from a conspiracy that occurred between March 1, 2018, and September 10, 2019, in which Tanner and others, intentionally distributed over 1400 grams of methamphetamine in and around the Pierre and Ft. Pierre communities. During the conspiracy, Tanner and others routinely carried firearms to protect their product.
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 South Dakota Division of Criminal Investigation, the Pierre Police Department, the Stanley County Sheriff’s Office, the South Dakota Highway Patrol, and the Bureau of Indian Affairs. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Tanner was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Woman Sentenced for Making False Statements to Receive Government FundsRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, woman convicted of two counts of False Statements was sentenced on August 3, 2020, by Jeffrey L. Viken, U.S. District Judge.
Jolenta Apodaca, f/k/a Jolenta American Horse, age 44, was sentenced to 6 months’ custody, followed by 2 years of supervised release, and ordered to pay restitution of $26,920 to the Social Security Administration (SSA) and $4,713 to the South Dakota Department of Social Services (SD DSS). Apodaca was also ordered to pay $200 in special assessments to the Federal Crime Victims Fund.
Apodaca was indicted on January 22, 2020, for Theft of Government Funds, two counts of False Statements, and Misuse by a Representative Payee.
The Rapid City SSA Field Office was notified by a third party that she went to the SD DSS to apply for state benefits for Apodaca’s child, who had been living with the third party for several years. SD DSS notified the third party that the child was a Title XVI Supplemental Security Income (SSI) beneficiary. The third party advised SSA she was unaware the child was a SSI beneficiary and reported that she received no funds from Apodaca or SSI for the care of the child. The third party also reported that Apodaca’s child had not lived with Apodaca for several years.
The Sioux Falls Cooperative Disability Investigation Unit (CDIU) corroborated that Apodaca, as the child’s SSA approved Representative Payee (RP), had misused dedicated SSI funds (back payments) as well as monthly SSI payments, and had spent the funds on herself rather than her child. Additionally, CDIU corroborated that Apodaca misused $4,713 in Supplemental Nutrition Assistance Program (SNAP) benefits payable to the child.
Pursuant to the CDIU investigation, SSA determined that from September 1, 2016, through August 31, 2019, Apodaca misused $26,920 in Title XVI SSI benefits to which she was not entitled.
This case was investigated by the Office of the Inspector General – Social Security Administration. Assistant U.S. Attorney Heather Sazama prosecuted the case.
Rapid City Man Charged in Multiple RobberiesRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man was charged in federal district court with five counts of Interference with Commerce by Robbery, also known as the Hobbs Act.
Michael Daker, age 58, was charged on July 23, 2020. Daker appeared before U.S. Magistrate Judge Daneta Wollmann on August 3, 2020, and pleaded not guilty to the charges. The maximum penalty upon conviction of each count is 20 years in federal prison and/or a $250,000 fine, 3 years supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Daker forcibly robbing convenience stores in Rapid City and Spearfish, and a motel and casino in Rapid City. The charges are merely an accusation and Daker 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.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Rapid City Police Department, and the Spearfish Police Department. Assistant U.S. Attorney Benjamin Patterson is prosecuting the case.
Daker was detained pending trial. A trial date has not been set.
Wakpala Woman Sentenced for Assault with a Dangerous WeaponRead the Press Release
United States Attorney Ron Parsons announced that a Wakpala, South Dakota, woman convicted of two counts of Assault with a Dangerous Weapon was sentenced on July 27, 2020, by U.S. District Judge Charles B. Kornmann.
Averil Linette Cadotte, age 37, was sentenced to 46 months in federal prison, followed by three years of supervised release, $200 in restitution, and a special assessment to the Federal Crime Victims Fund in the amount of $200.
Cadotte was indicted by a federal grand jury on April 9, 2019. She pled guilty on May 5, 2020.
The conviction stemmed from an incident on June 4, 2016, in Wakpala, when Cadotte ran over two individuals with a car, with the intent to do bodily harm.
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.
Cadotte is to self-report to the custody of the U.S. Marshals Service on August 18, 2020.
Sioux Falls Man Sentenced for Being Felon in Possession of FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Possession of Firearm by Prohibited Person was sentenced on July 27, 2020, by U.S. District Judge Karen E. Schreier.
Derrick Keith Clay, age 35, was sentenced to one year and one day in federal custody, followed by three years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Clay was indicted for Possession of Firearm by Prohibited Person by a federal grand jury on September 4, 2019. He pled guilty on May 14, 2020.
On or about June 10, 2019, in the District of South Dakota, Clay, knowing he had previously been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly possessed a firearm, which had been shipped and transported in interstate commerce.
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
This case was investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sioux Falls Police Department. Special Assistant U.S. Attorney Tamara P. Nash prosecuted the case.
Clay was immediately turned over to the custody of the U.S. Marshals Service.
North Dakota Man Sentenced for Domestic Assault by an Habitual OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Fort Yates, North Dakota, man convicted of Domestic Assault by an Habitual Offender was sentenced on July 27, 2020, by U.S. District Judge Charles B. Kornmann.
Vincent Carry Moccasin, Jr., age 53, was sentenced to 20 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.
Carry Moccasin was indicted by a federal grand jury on October 16, 2019. He pled guilty on April 16, 2020.
The conviction stemmed from an incident on August 3, 2019, in McLaughlin, when Carry Moccasin assaulted his fiancé. At the time of the assault, Carry Moccasin had a final conviction on at least two separate prior occasions of assaulting a spouse or intimate partner.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Kirsten Jasper prosecuted the case.
Carry Moccasin was immediately turned over to the custody of the U.S. Marshals Service.
Chamberlain Woman Indicted on Witness Tampering ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Chamberlain, South Dakota, woman has been indicted by a federal grand jury for Tampering With a Witness and Conspiracy to Tamper With a Witness.
Dale Lynn James, age 33, was indicted on July 16, 2020. She appeared before U.S. Magistrate Judge Mark A. Moreno on July 31, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in prison and/or a $250,000 fine, up to 5 years of supervised release, and $100 to the Federal Crime Victims Fund for each count. Restitution may also be ordered.
The Indictment alleges that on or about March 3, 2019, James did knowingly and intentionally, combine, conspire, confederate, and agree with persons known and unknown, and did intimidate, threaten, and corruptly persuade twenty-eight potential witnesses with intent to influence, delay, and prevent the testimony of said witnesses in an official criminal proceeding.
The charges are merely accusation and James is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
James was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Minnesota Man Sentenced to 17.5 Years for Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that a Minneapolis, Minnesota, man convicted of Receipt of Child Pornography was sentenced on August 3, 2020, by U.S. District Judge Karen E. Schreier.
Nicolas Edward Wilson, age 35, was sentenced to 210 months in federal prison, 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100. Wilson was also ordered to register as a sex offender and undergo sex offender treatment.
Wilson was indicted by a federal grand jury on July 9, 2019. He pled guilty on May 11, 2020.
Wilson received and distributed child pornography between September, 2012, and April, 2015. Wilson used his laptop computer to search for images of child pornography on the internet. He also used his cell phone to take pornographic photos of a juvenile female in South Dakota. After the juvenile became an adult, she disclosed the information to law enforcement. Investigators were able to forensically examine the cell phone and laptop computer to find evidence of the child pornography.
U.S. Attorney Ron Parsons commended the joint efforts of the law enforcement agencies working together. He also stated that "the sentence reflects the seriousness of the offense as well as the courage of a victim to come forward and disclose the traumatic events that occurred to her while she was a teenager."
This case was investigated by the McCook County Sheriff's Office, the South Dakota Division of Criminal Investigation, and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Wilson was immediately turned over to the custody of the U.S. Marshals Service.
Jury Finds Eagle Butte Man Guilty on Multiple ChargesRead the Press Release
United States Attorney Ron Parsons announced that Dustin Red Legs age 41, of Eagle Butte, South Dakota, was found guilty of Aggravated Sexual Abuse of a Child, Sexual Exploitation of Child, and Possession of Child Pornography as a result of a federal jury trial in Pierre, South Dakota.
The charges carry a mandatory minimum penalty of 30 years, with a maximum penalty of up to life in federal prison and/or a $750,000 fine, up to life of supervised release, a $300 special assessment to the Federal Crime Victims Fund, and a $5,000 assessment to the Domestic Trafficking Fund.
Red Legs was indicted by a federal grand jury on May 14, 2019.
On September 24, 2018, Red Legs was staying at a home in Eagle Butte. He went into a room where two children were sleeping, sexually assaulted a 10-year-old girl, and also took sexually explicit photographs of the victim.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. Assistant U.S. Attorney Jay Miller prosecuted the case.
A presentence investigation was ordered and a sentencing date was set for October 26, 2020. The defendant was remanded to the custody of the U.S. Marshals Service.
Sisseton Woman Charged with Theft from an Indian Tribal OrganizationRead the Press Release
United States Attorney Ron Parsons announced that a Sisseton, South Dakota, woman has been indicted by a federal grand jury for Theft from an Indian Tribal Organization.
Jordyn Juanita Kirk, age 25, was indicted on July 20, 2020. She appeared before U.S. Magistrate Judge William D. Gerdes on July 30, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 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 between August 17, 2018, and October 5, 2018, Kirk willfully and unlawfully embezzled, stole, knowingly converted to her own use, willfully misapplied, and willfully permitted to be misapplied, over $1,000 of the moneys, funds, credits, goods, assets, and other property belonging to the Sisseton-Wahpeton Oyate Tribal Court of the Sisseton-Wahpeton Oyate Tribe, an Indian tribal organization, and entrusted to the custody and care of an officer, employee, and agent of an Indian tribal organization
The charge is merely an accusation and Kirk is presumed innocent until and unless proven guilty.
The case was brought pursuant to The Guardians Project, a federal law enforcement initiative to coordinate efforts between participating agencies, to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those who are responsible for adversely affecting those living in South Dakota’s Indian country communities. The Guardians Project is another step of federal law enforcement’s on-going efforts to increase engagement, coordination, and positive action on behalf of tribal communities. Led by the U.S. Attorney’s Office, the participating agencies include: Federal Bureau of Investigation; the Offices of Inspector General for the Departments of Interior, Health and Human Services, Social Security Administration, Agriculture, Transportation, Education, Justice, and Housing and Urban Development; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspector Service; U.S. Postal Service, Office of Inspector General.
For additional information about The Guardians Project, please contact the U.S. Attorney’s Office at (605) 330-4400. To report a suspected crime, please contact law enforcement at the federal agency’s locally listed telephone number.
The investigation is being conducted by the U.S. Attorney’s Office and the Federal Bureau of Investigation. Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.
Kirk was released on bond pending trial. A trial date has not been set.
Sioux Falls Man Charged with Multiple Gun and Drug OffensesRead 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 Possession with Intent to Distribute a Controlled Substance, Felon in Possession of a Firearm, and Possession of Stolen Firearms.
Timothy Tod Hartman, age 35, was indicted on July 20, 2020. He appeared before U.S. Magistrate Judge Veronica L. Duffy on July 29, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $8,000,000 fine, up to life of supervised release, and up to $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on February 25, 2020, Hartman knowingly and intentionally possessed with the intent to distribute 5 grams or more of methamphetamine, which is a Schedule II controlled substance.
On that same date, Hartman, who had been convicted of a crime punishable for a term exceeding one year, and being an unlawful user of a controlled substance, knowingly possessed firearms and ammunition. One of the firearms is believed to be stolen. Both firearms had been shipped and transported in interstate commerce.
The charges are merely accusations and Hartman is presumed innocent until and unless proven guilty.
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 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.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Sioux Falls Police Department. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Hartman 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 Being Felon in Possession of a FirearmRead 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 Felon in Possession of a Firearm.
Curtis Ronald Rabenberg, age 39, was indicted on July 20, 2020. He appeared before U.S. Magistrate Judge Veronica L. Duffy on July 29, 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, 3 years of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that both on November 19, 2019, and November 21, 2019, Rabenberg, who had been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly possessed firearms. Said firearms had been shipped and transported in interstate commerce.
The charges are merely accusations and Rabenberg 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 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.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Sioux Falls Police Department. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Rabenberg 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 Being Felon in Possession of a FirearmRead 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 Felon in Possession of a Firearm and Ammunition.
Anthony James Howard, age 27, was indicted on July 20, 2020. He appeared before U.S. Magistrate Judge Veronica L. Duffy on July 29, 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, 3 years of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about April 20, 2020, Howard, who had been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly possessed a firearm and ammunition. Said firearm has been shipped and transported in interstate commerce.
The charge is merely an accusation and Howard 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 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.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Sioux Falls Police Department. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Howard was remanded to the custody of the State. A trial date has not been set.
Eagle Butte Woman Sentenced for LarcenyRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman convicted of Larceny was sentenced on July 29, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Yesica Rose Lara, age 34, was sentenced to time served through July 29, 2020, 3 years of supervised release, restitution in the amount of $2,119.42, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Lara was indicted by a federal grand jury on March 9, 2020. She pled guilty on July 29, 2020.
The conviction stemmed from incidents that occurred between July 29, 2018, and September 11, 2018, when Lara did unlawfully forge checks from closed bank accounts, and passed and attempted to cash them at multiple locations in Eagle Butte.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Lara was immediately released.
Agency Village Man Charged with Six Counts of Aggravated Sexual Abuse of a Child and Six Counts of Abusive Sexual ContactRead the Press Release
United States Attorney Ron Parsons announced that an Agency Village, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child and Abusive Sexual Contact.
Kevin Lee Farmer, age 57, was indicted on July 20, 2020. He appeared before U.S. Magistrate Judge William D. Gerdes on July 30, 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, life of supervised release, and up to $1,200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between April 1, 2016, and December 31, 2016, and between March 10, 2009, and March 10, 2012, Farmer knowingly engaged in, and attempted to engage in sexual acts with two children who had not attained the age of 12.
The Indictment also alleges that between June 29, 2015, and June 28, 2016, as well as between March 10, 2009, and March 9, 2012, and between July 1, 2017, and July 31, 2017, Farmer knowingly engaged in and attempted to engage in sexual contacts with four juvenile victims, by using force against them, as well as threatening and placing them in fear of their lives.
The charges are merely accusation and Farmer is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Sisseton Wahpeton Oyate Tribal Police. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Farmer was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Aberdeen Man Charged with Being Felon in Possession of FirearmRead the Press Release
United States Attorney Ron Parsons announced that an Aberdeen, South Dakota, man has been indicted by a federal grand jury for Felon in Possession of a Firearm.
Darrell Two Hearts, age 40, was indicted on July 20, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 29, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on April 25, 2020, Two Hearts, who had been convicted of a crime punishable by imprisonment for a term exceeding one year, and being an unlawful use of a controlled substance, knowingly possessed a firearm. Said firearm had been shipped and transported in interstate commerce.
The charge is merely an accusation and Two Hearts 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 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.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Aberdeen Police Department. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Two Hearts was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
North Dakota Woman Sentenced for Meth TraffickingRead the Press Release
United States Attorney Ron Parsons announced that a Fort Yates, North Dakota, woman convicted of Conspiracy to Distribute Methamphetamine was sentenced on July 27, 2020, by U.S. District Judge Charles B. Kornmann.
Shanna Michelle Pleets, age 41, was sentenced to 60 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.
Pleets was indicted by a federal grand jury on July 16, 2019. She pled guilty on April 16, 2020.
The conviction stemmed from a conspiracy in 2018, wherein Pleets conspired with others to distribute more than 50 grams of methamphetamine on the Standing Rock Sioux Indian Reservation in South Dakota.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, the Mobridge Police Department, the Bureau of Indian Affairs, and the Corson County Sheriff’s Office. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Pleets was immediately remanded to the custody of the U.S. Marshals Service.
Mitchell Man Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Mitchell, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
John Willard Arcoren, III, age 39, was indicted on July 16, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 27, 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 May 14, 2020, Arcoren did forcibly assault, oppose, impede, intimidate, and interfere with a law enforcement officer who was employed by the Rosebud Sioux Tribe Law Enforcement Services, and that such conduct involved physical contact.
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 Michael J. Elmore 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.
Mission Man Found Not Guilty of Assault ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man was acquitted of Assault With a Dangerous Weapon and Assault Resulting In Serious Bodily Injury as a result of a federal jury trial in Pierre, South Dakota, beginning on Tuesday, July 21, 2020, and concluding on Wednesday, July 22, 2020.
Lorenzo Brave Hawk, Sr., age 35, was indicted by a federal grand jury on July 11, 2019.
The charges alleged that on November 9, 2018, Brave Hawk assaulted an individual with a metal baseball bat with the intent to do bodily harm and the alleged assault resulted in serious bodily injury.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The U.S. Attorney’s Office prosecuted the case.
Fort Thompson Man Sentenced for Meth TraffickingRead the Press Release
United States Attorney Ron Parsons announced that a Fort Thompson, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine was sentenced on July 27, 2020, by U.S. District Judge Roberto A. Lange.
Benjamin Big Eagle, a/k/a Benji Big Eagle, age 33, was sentenced to 12 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.
Big Eagle was indicted by a federal grand jury on November 14, 2018. He pled guilty on April 24, 2020.
The conviction stemmed from his involvement in a methamphetamine distribution conspiracy that started in 2012 and continued through 2017. Big Eagle sold small amounts of methamphetamine on the Crow Creek and Lower Brule Indian Reservations in South Dakota.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, the Bureau of Indian Affairs, and the South Dakota Highway Patrol. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Big Eagle was immediately remanded to the custody of the U.S. Marshals Service.
Eagle Butte Woman Sentenced for Embezzlement from a Tribal OrganizationRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman convicted of Embezzlement and Theft From a Tribal Organization was sentenced on July 23, 2020, by U.S. Magistrate Judge Mark A. Moreno.
Teri Tiger, a/k/a Teri Pretty Weasel, age 36, was sentenced to 1 year of probation, restitution in the amount of $5,711.15, and a special assessment to the Federal Crime Victims Fund in the amount of $25. Restitution was paid in full before sentencing.
Pretty Weasel was indicted by a federal grand jury on March 12, 2019. She pled guilty on July 23, 2020.
The conviction stemmed from a series of thefts in February and March of 2015, in Eagle Butte, wherein Pretty Weasel, then a cashier for the Cheyenne River Sioux Tribe Bingo Operations, embezzled and converted to her own use $5,711.15 of the moneys belonging to the Bingo Operations.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Eagle Butte Man Charged with LarcenyRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Larceny.
Randy Little Shield, age 29, was indicted on July 16, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 22, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 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 sometime between March 6, 2020, and March 13, 2020, Little Shield unlawfully took personal property from an individual valued at more than $1,000.
The charge is merely an accusation and Little Shield 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 Jay Miller is prosecuting the case.
Little Shield was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Sioux Falls Man Convicted by Federal Jury of Conspiracy to Distribute MethRead the Press Release
United States Attorney Ron Parsons announced that Gabriel Orlando Ramirez, a/k/a “Cheech,” age 43, of Sioux Falls, South Dakota, was found guilty of Conspiracy to Distribute a Controlled Substance as a result of a federal jury trial in Sioux Falls, South Dakota.
The charges carry a mandatory minimum of 10 years, up to life, in federal prison and/or a $10 million fine, a mandatory minimum of 5 years, up to life, of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Ramirez was indicted by a federal grand jury on May 8, 2019.
Beginning on an unknown date and continuing until May 8, 2019, Ramirez knowingly and intentionally conspired with others to distribute over 500 grams of methamphetamine, which is a Schedule II controlled substance.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the South Dakota Division of Criminal Investigation, the Minnehaha County Sheriff’s Office, the Sioux Falls Police Department, the Drug Enforcement Administration, and the South Dakota Highway Patrol. Assistant U.S. Attorneys Jeffrey C. Clapper and Jennifer Mammenga prosecuted the case.
A presentence investigation was ordered and a sentencing date has not been set. The defendant was remanded to the custody of the U.S. Marshals Service.
Ft. Thompson Woman Sentenced on Fentanyl Overdose ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Ft. Thompson, South Dakota, woman convicted of Distribution of a Controlled Substance Resulting in Death was sentenced on July 20, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Renita Faye Taylor, age 39, was sentenced to 240 months in federal prison, followed by 3 years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Taylor was indicted by a federal grand jury on October 16, 2019. She pled guilty on July 20, 2020.
The conviction stemmed from an incident that occurred on or about August 6, 2019, where Taylor knowingly and intentionally distributed pills containing Fentanyl and that distribution resulted in the death of an adult male on the Crow Creek Indian Reservation.
This case was investigated by the Bureau of Indian Affairs, Crow Creek Agency, the Northern Plains Safe Trails Drug Enforcement Task Force and the Federal Bureau of Investigation. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Taylor was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Woman Sentenced on Firearm ChargeRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, woman convicted of Possession of a Firearm by a Prohibited Person was sentenced on July 20, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Journey Austin, age 24, was sentenced to 14 months in federal prison, followed by 3 years of supervised release, forfeiture of firearms and ammunition, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Austin was indicted by a federal grand jury on March 9, 2020. She pled guilty on May 6, 2020.
The conviction stemmed from an incident that occurred on November 12, 2019. Following a routine traffic stop, law enforcement found and seized firearms and ammunition from the car. Austin admitted being a user of and addicted to a controlled substance, methamphetamine, making it illegal for her to possess firearms. Austin’s DNA was located on the magazine of one of the firearms. Austin will forfeit ownership of the firearms and ammunition seized in this case to the United States.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Michael Elmore prosecuted the case.
Austin was immediately turned over to the custody of the U.S. Marshals Service.
Pierre Man Sentenced on Firearm ChargeRead the Press Release
United States Attorney Ron Parsons announced that a Pierre, South Dakota, man convicted of Prohibited Person in Possession of a Firearm was sentenced on July 20, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Kyle Bordeaux, age 27, was sentenced to time served, totaling 144 days in federal prison, 2 years of supervised release, a special assessment to the Federal Crime Victims Fund in the amount of $100, and ordered to forfeit a .45 AUTO caliber, semi-automatic pistol.
Bordeaux was indicted by a federal grand jury on February 11, 2020. He pled guilty on May 5, 2020.
The conviction stemmed from an incident that occurred on March 16, 2019, in Hughes County, where Bordeaux knowingly being an unlawful user of and addicted to a controlled substance, knowingly possessed a .45 AUTO caliber, semi-automatic pistol.
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 Pierre Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Internal Revenue Service Wrapped up the ‘Dirty Dozen’ List of Tax Scams for 2020; IRS Criminal Investigation and U.S. Attorney Office Urge Taxpayers to Watch Out for These Tax ScamsRead the Press Release
The Internal Revenue Service wrapped up its annual ‘Dirty Dozen’ list of tax scams with a special emphasis on aggressive and evolving schemes related to coronavirus tax relief, including Economic Impact Payments. The Internal Revenue Service Criminal Investigation division and the U.S. Attorney’s Office for the District of South Dakota urge taxpayers to be vigilant to these tax scams.
This year, the Dirty Dozen focuses on scams that target taxpayers. The criminals behind these bogus schemes view everyone as potentially easy prey.
“Fraud schemes harm everyone, especially those which defraud the IRS and members of our community,” said Adam Steiner, Acting Special Agent in Charge of the IRS Criminal Investigation division in the St. Louis Field Office. “As we stand ready to investigate anyone who would put a taxpayer at risk for a quick profit, we urge everyone to watch out for these tax scams all the time.”
Tax scams tend to rise during tax season or during times of crisis. “This years’ list of tax scams should serve as a stark reminder to everyone to be vigilant to these threats during the current pandemic and its aftermath,” said U.S. Attorney Ron Parsons for the District of South Dakota. “Please safeguard your personal and financial information, and refrain from engaging potential scammers online or on the phone.”
Taxpayers are encouraged to review the ‘Dirty Dozen’ list in a special section on IRS.gov and be on the lookout for these scams throughout the year.
For official information year round, taxpayers can visit IRS.gov
Five People from Kyle Arrested for Conspiracy to Distribute Methamphetamine in South DakotaRead the Press Release
United States Attorney Ron Parsons announced that five Kyle, South Dakota, men and women have been arrested by a complaint for Conspiracy to Distribute a Controlled Substance.
Robert O’Rourke, age 39; Lynette O’Rourke, age 37; Sunny O’Rourke, age 43; Guadalupe “Lupe” Garcia, age 38; and Shaina Phelps, age 42, were charged by complaint on June 16, 2020. They all appeared before U.S. Magistrate Judge Daneta Wollmann on June 24, 2020, and pleaded not guilty to the charge. The maximum penalty upon conviction is up to life imprisonment and/or a $10,000,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to the O’Rourkes, Garcia, and Phelps conspiring together to distribute 500 grams or more of methamphetamine in South Dakota. The charge is merely an accusation and the five defendants are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Badlands Safe Trails Drug Enforcement Task Force, which is comprised of agents from the Federal Bureau of Investigation, South Dakota Division of Criminal Investigation, Bureau of Indian Affairs Division of Drug Enforcement, Martin Police Department, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Heather Sazama is prosecuting the case.
Garcia was released on bond, while the O’Rourkes and Phelps were detained pending trial. A trial date has been set for September 1, 2020.
Sioux Falls Man Sentenced on Federal Firearm ChargeRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Possession of Firearms by Prohibited Person was sentenced on July 13, 2020, by U.S. District Judge Karen E. Schreier.
Brian Christopher Jensen, age 37, was sentenced to three years in federal prison, followed by three years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Jensen was indicted for Possession of Firearms by Prohibited Person by a federal grand jury on January 7, 2020. He pled guilty on April 20, 2020.
On or about the 23rd day of December, 2019, in the District of South Dakota, Jensen, knowing that he was a convicted felon, illegally possessed fourteen guns and more than 800 rounds of ammunition that had been shipped and transported in interstate and foreign commerce.
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/opa/pr/attorney-general-william-p-barr-announces-launch-project-guardian-nationwide-strategic-plan.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sioux Falls Police Department. Special Assistant U.S. Attorney Tamara P. Nash prosecuted the case.
Jensen was immediately turned over to the custody of the U.S. Marshals Service.
Hot Springs Man Sentenced for a Violation of the Bald and Golden Eagle Protection ActRead the Press Release
United States Attorney Ron Parsons announced that a Hot Springs, South Dakota, man convicted of a violation of the Bald and Golden Eagle Protection Act was sentenced on July 10, 2020, by U.S. Magistrate Judge Daneta L. Wollmann.
Larry Belitz, age 77, was sentenced to 1 year of probation, and was ordered to pay $19,900 in restitution to the U.S. Forest Service, a fine of $10,000, and a $25 special assessment to the Federal Crime Victims Fund.
The conviction stems from Belitz, who without being permitted to do so, knowingly possessed and sold parts of bald and golden eagles on Native American items he sold between February 2013 and February 2015.
The investigation was conducted by the U.S. Fish & Wildlife Service. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Former Office Manager for the Rapid City Rush Hockey Team Pleads Guilty to Wire Fraud and Tax EvasionRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, woman pleaded guilty to two counts of Wire Fraud and one count of Tax Evasion in federal district court.
Jennifer Durham, age 42, was charged on June 30, 2020. Durham appeared before U.S. Magistrate Judge Veronica L. Duffy on July 16, 2020, and pleaded guilty to the felony charges. The maximum penalty on each of the wire fraud counts is 20 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. The maximum penalty on each the tax evasion count is 5 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.
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. Durham used the stolen money for her own personal expenses and also transferred money to bank accounts she controlled. 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.
As part of the plea agreement, Durham agreed to pay restitution to RCPH totaling $700,000.00, and to pay the IRS $186,277.00.
The investigation was conducted by the Internal Revenue Service – Criminal Investigation and the Federal Bureau of Investigation. Assistant U.S. Attorney Benjamin Patterson is prosecuting the case.
Durham was released pending sentencing, to be scheduled at a later date.
Statement of U.S. Attorney Ron Parsons on the Passing of Hughes County Chief Deputy Sheriff Lee WeberRead the Press Release
Internet"Lee Weber led a hero’s life and he died a hero’s death. He was a guardian in the highest and truest sense. He devoted his life to protecting his family, protecting his community, and protecting his country. Our nation and our state owe him an incalculable debt of gratitude. The men and women of the United States Department of Justice stand shoulder to shoulder with Wendy, their beautiful children, and our entire law enforcement family, as we honor the life of Lee Weber and mourn this tragic loss."
Four South Dakotans Sentenced in Fentanyl ConspiracyRead the Press Release
United States Attorney Ron Parsons announced that Michael Ernesti of Sioux Falls, Melissa Herrboldt of Harrisburg, Preston Langeland of Yankton, and Kane Marshall of Harrisburg, all of whom were convicted of Conspiracy to Distribute a Controlled Substance, have been sentenced by U.S. District Judge Karen E. Schreier.
Ernesti, age 30, was sentenced to 95 months in federal prison, followed by 3 years of supervised release. Herrboldt, age 25, was sentenced to 51 months in federal prison, followed by 3 years of supervised release. Langeland, age 31, was sentenced to 120 months in federal prison, followed by 5 years of supervised release. Marshall, age 25, was sentenced to 55 months in federal prison, followed by 3 years of supervised release. They were also all ordered to pay $100 to the Federal Crime Victims Fund.
Ernesti, Herrboldt, Langeland, and Marshall were indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on June 6, 2019. Ernesti pled guilty on October 10, 2019, Herrobldt pled guilty on November 4, 2019, Langeland pled guilty on March 5, 2020, and Marshall pled guilty on April 6, 2020.
These four defendants worked together to distribute fentanyl, which was received through the mail, throughout the Yankton area and elsewhere.
This case was investigated by the U.S. Postal Inspection Service, South Dakota Division of Criminal Investigation, Drug Enforcement Administration, Sioux Falls Area Drug Task Force, and the Yankton Police Department. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
All defendants were immediately turned over to the custody of the U.S. Marshals Service after their sentencing.
Jury Finds Eagle Butte Man Not Guilty of AssaultRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man was acquitted of Assault Resulting in Serious Bodily Injury as a result of a federal jury trial in Pierre, South Dakota, beginning July 8, 2020, and concluding on July 9, 2020.
Lucian Rising Sun, a/k/a Sonny Rising Sun, age 28, was indicted by a federal grand jury on March 9, 2020.
The charge stemmed from an alleged incident that occurred on January 29, 2020, in Eagle Butte.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the U.S. Attorney's Office prosecuted the case.
Jury Finds Bullhead Man Guilty of Child AbuseRead the Press Release
United States Attorney Ron Parsons announced that Tyson Keepseagle, age 33, of Bullhead, South Dakota, was found guilty of three counts of Child Abuse as a result of a federal jury trial in Aberdeen, South Dakota. The verdict was returned on July 10, 2020.
The charges carry a maximum penalty of 35 years in federal prison and/or a $750,000 fine, 9 years of supervised release, and a $300 special assessment to the Federal Crime Victims Fund.
Keepeagle was indicted by a federal grand jury on May 14, 2019.
The conviction stems from incidences between June 1, 2018, and August 12, 2018, when the child victims lived with Keepseagle and he abused the children leaving them with bruises, bloody noses, and swelling.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Kirsten Jasper prosecuted the case.
A presentence investigation was ordered and a sentencing date was set for September 28, 2020. The defendant remained out on bond and given a date to self-report to the custody of the U.S. Marshals Service.
Volga Man Sentenced to Probation for Disturbing Protected Wetlands of the United StatesRead the Press Release
United States Attorney Ron Parsons announced that U.S. District Judge Karen E. Schreier sentenced a Volga, South Dakota, man convicted of Disturbing Protected Wetlands of the United States on July 6, 2020.
Kevin Jay Mast, age 63, was sentenced to 1 year unsupervised probation, a $100 fine, and $10 to the Federal Crime Victims Fund. Mast was also ordered to comply with the restoration of the protected wetlands on his land.
Mast was indicted for Disturbing Protected Wetlands of the United States by a federal grand jury on September 6, 2017. A jury convicted him of the violation on January 18, 2018.
However, Mast appealed the conviction to the Eighth Circuit Court of Appeals. The appellate court agreed with Mast, and the case was remanded for trial. Following a court trial on February 5, 2020, Mast was found guilty on May 21, 2020.
On January 19, 1973, an easement was voluntarily sold to the United States for waterfowl management rights. The easement prohibited the drainage of any wetland areas on the property. In 2010, U.S. Fish and Wildlife notified Mast that his plan to install drain tile conflicted with the protected wetlands and would not be permitted. Despite the warning, Mast installed the drain tile in the fall of 2013. Judge Schreier’s verdict concluded that Mast disturbed, injured, and destroyed the wetland areas protected by the easement, and did not have the authority and permission of the United States of America.
This case was investigated by the U.S. Fish and Wildlife Service and prosecuted by Assistant U.S. Attorney Jeffrey C. Clapper.
United States Attorney and the Internal Revenue Service Remind Taxpayers of Upcoming Filing Deadline and to Remain Vigilant for FraudRead the Press Release
U.S. Attorney Ron Parsons, District of South Dakota, and Acting Special Agent in Charge Adam Steiner, IRS Criminal Investigation, St. Louis Field Office, are reminding taxpayers that the tax filing and payment deadline is July 15, and to continue to be on the lookout for scam artists.
Parsons and Steiner made the announcement today to urge people who owe taxes, even if they have a filing extension, to carefully review their situation and pay what they can by July 15 to avoid penalties and interest.
Due to COVID-19, the original filing deadline and tax payment due date for 2019 was postponed from April 15 to July 15. For people facing hardships, including those affected by COVID-19, who cannot pay in full, the IRS has several options available on IRS.gov/payments.
“Taxpayers who are unable to pay their taxes in full should act as quickly as possible since interest and penalties can rapidly accumulate when more time passes,” warned Steiner. “You must pay the taxes you owe by July 15.”
In addition, Parsons and Steiner reminded taxpayers that scammers are hard at work looking for ways to steal your personal information and your money. Stay alert! The IRS will not contact you by phone, email or social media to ask for personal information. It is a scam.
“Please make sure to file your taxes on time and never share your personal or financial information with anyone you do not know and trust,” said U.S. Attorney Parsons.
“IRS Criminal Investigation and the U.S. Attorney’s Office are focusing on bringing to justice criminals that use taxpayer’s personal information as an opportunity to commit a crime, especially those looking to prey on vulnerable taxpayers,” said Steiner.
For official information, go directly and solely to IRS.gov
Rapid City Man Indicted on Cocaine, Marijuana, and Firearm ChargesRead 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 Conspiracy to Distribute Cocaine and Marijuana, and Possession of a Firearm by a Prohibited Person.
Michael Kearney, age 28, was indicted on March 9, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 2, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in federal prison and/or a $1,000,000 fine, up to a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that beginning on or about the 1st day of January 2017, through the 1st day of March 2018, Kearney knowingly and intentionally, combined, conspired, confederated, and agreed with persons known and unknown, to knowingly and intentionally distribute and possess with intent to distribute cocaine and marijuana. Further, on July 23, 2017, Kearney, knowing he was an unlawful user of and addicted to a controlled substance, knowingly possessed a firearm.
The charges are merely accusations and Kearney is presumed innocent until and unless proven guilty.
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.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, the Rosebud Sioux Tribe Law Enforcement Services, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Kearney was released on bond pending trial. A trial date has not been set.
Eagle Butte Woman Sentenced for Firearm ChargeRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman convicted of Possession of a Firearm by a Prohibited Person was sentenced on July 6, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Carlee Lucia Condon, age 22, was sentenced to time served through August 17, 2020, totaling 4 months in federal prison, 3 years of supervised release, forfeiture of her interest in a handgun, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Condon was indicted by a federal grand jury on January 14, 2020. She pled guilty on April 6, 2020.
The conviction stemmed from an incident that occurred on July 2, 2019, when Condon, being an unlawful user of and addicted to methamphetamine, knowingly possessed a handgun in Eagle Butte.
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 Cheyenne River Sioux Tribe Law Enforcement Services, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Condon was immediately remanded to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced for Wire Fraud and Money LaunderingRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Wire Fraud and Money Laundering was sentenced on July 6, 2020, by U.S. District Judge Karen E. Schreier.
Paul Erickson, age 58, 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 $200. Restitution has been deferred for 30 days.
Erickson was indicted by a federal grand jury on February 6, 2019. He pled guilty on November 26, 2019.
The conviction stemmed from incidents when Erickson, who solely operated a business venture to develop land in the Bakken oil fields in North Dakota, became acquainted, through his business, with several individuals with whom he developed strong professional and personal relationships. He approached many of those individuals about investing in his business. However, he falsely represented to investors that he would use the money to purchase real estate and the construction of single-family homes in North Dakota, which he did not do.
On March 1, 2017, he accepted a $100,000 wire transfer that was deposited into his Wells Fargo bank account, which was supposed to be an investment in his business. He told the investor that the money would be used for the development of real estate in North Dakota, and that the amount would be repaid no later than August 28, 2017. However, he did not invest the money received into the Bakken oil fields venture and he did not repay the investor.
Furthermore, from the $100,000 Erickson received on March 1, 2017, he conducted a financial transaction and transferred $1,000 to another person.
“The dramatic upward departure for Mr. Erickson's sentence speaks volumes about the crimes he committed over the vast course of time they occurred,” said FBI Minneapolis Special Agent in Charge, Rainer Drolshagen. “The scope, breadth, and length of his illegal actions spanning more than 20 years involving more than 150 victims was a tall order to investigate but the effort is well worth it with the justice that was meted out today.”
“Investors should be wary about promoters of business ventures that promise to double investor’s money in a short time,” said IRS Acting Special Agent in Charge Adam Steiner. “IRS Criminal Investigation is committed to investigating Ponzi schemes in an effort to protect the financial well-being of the American public. We will continue to work with the U.S. Attorney’s Office and our law enforcement partners to put in jail promoters that prey upon trusting investors.”
This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Erickson is to self-report by July 20, 2020.
St. Francis Man Indicted on Firearm ChargesRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for Possession of an Unregistered Firearm.
Kendall Elk Looks Back, age 29, was indicted on March 9, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 29, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $10,000 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 13, 2019, in Todd County, Elk Looks Back knowingly possessed a weapon less than sixteen inches in length, which was not registered to him in the National Firearms Registration and Transfer Record.
The charge is merely an accusation and Elk Looks Back 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 Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Elk Looks Back was released on bond pending trial. A trial date has not been set.
Rapid City Man Sentenced for Internet CrimeRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Attempted Receipt of Child Pornography was sentenced on June 16, 2020, by Jeffrey L. Viken, U.S. District Court Judge.
Kody Ronning, age 23, was sentenced to 5 years in federal prison followed by 5 years of supervised release and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund. Ronning also will be required to register as a sex offender under the Sex Offender Registration and Notification Act.
Ronning was arrested and federally indicted following his participation in multiple chats and text messages with a person Ronning believed to be a 14-year-old girl, but who was in fact an undercover agent. Ronning requested sexually explicit images from the 14-year-old undercover persona between September 2018 and October 2018.
The investigation was conducted by the Department of Homeland Security, the Federal Bureau of Investigation, South Dakota Division of Criminal Investigation, and the Rapid City Police Department. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Ronning was immediately remanded to the custody of the United States Marshals Service.
Rapid City Man Indicted on Child Pornography ChargesRead the Press Release
United States Attorney Ron Parsons 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 Dakota Miller, age 21, was indicted on June 11, 2020. Miller appeared before U.S. Magistrate Judge Daneta Wollmann on June 24, 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 Miller receiving and possessing child pornography between March, 2016 and January, 2020 at Rapid City. The charges are merely an accusation and Miller is presumed innocent until and unless proven guilty.
The investigation is a joint effort between the South Dakota Division of Criminal Investigation, the Department of Homeland Security, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s office. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
Miller was detained pending trial. A trial date has been set.
Mission Man Indicted for Second Degree Murder and Assault with a Dangerous WeaponRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Second Degree Murder and Assault With a Dangerous Weapon.
Nathan Blue Bird, Sr., age 37, was indicted on June 11, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 30, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is any term of years up to life in 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 May 30, 2020, Blue Bird killed a man by striking him repeatedly with a metal bat.
The charges are merely accusations and Blue Bird 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.
Blue Bird was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Three South Dakota Men Sentenced in Meth ConspiracyRead the Press Release
United States Attorney Ron Parsons announced that three South Dakota men convicted of Conspiracy to Distribute a Controlled Substance have been sentenced by U.S. District Judge Karen E. Schreier.
Darryl Anthony Randle, age 37, was sentenced on June 8, 2020, to 132 months in federal prison, followed by 5 years of supervised release. Manuel Joseph Lopez, age 33, was sentenced on August 5, 2019, to 120 months in federal prison, followed by 5 years of supervised release. Dustin Wayne McGhee, age 31, was sentenced on September 23, 2019, to 120 months in federal prison, followed by 5 years of supervised release. All three defendants were ordered to pay $100 to the Federal Crime Victims Fund.
Randle, Lopez, and McGhee were indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on February 5, 2019. Randle pled guilty on March 24, 2020; Lopez pled guilty on August 5, 2019; and McGhee pled guilty on June 26, 2019.
Beginning on an unknown date and continuing until on or about November 14, 2018, in the District of South Dakota and elsewhere, Randle, Lopez, and McGhee did knowingly and intentionally combine, conspire, confederate, and agree together, with others known and unknown to the Grand Jury, to knowingly and intentionally distribute a mixture and substance containing 500 grams or more of methamphetamine, a Schedule II controlled substance.
This case was investigated by the Sioux Falls Area Drug Task Force and the Drug Enforcement Administration. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
All defendants were immediately turned over to the custody of the U.S. Marshals Service following their respective sentencing.
Springfield Man Indicted for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Springfield, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Trudell Smith, Jr., age 29, was indicted on August 14, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 24, 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 up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Smith was convicted of Aggravated Sexual Abuse/Juvenile Delinquency in February 2008. As a result of the conviction, he is required to register as a sex offender. The indictment alleges between May 27, 2019, and August 13, 2019, Smith, 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 Smith is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Michael J. Elmore is prosecuting the case.
Smith was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mission Man Indicted on Meth, Gun, and Child Abuse ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute Methamphetamine, Possession of a Firearm by a Prohibited Person, and Child Abuse.
Colt Shaw, age 30, was indicted on March 9, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 22, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 40 years in federal prison and/or a $5,000,000 fine, at least 4 years of supervised release, and $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that beginning at time unknown but no later than on or about January 1, 2019, and continuing to on or about March 9, 2020, Shaw conspired to distribute 50 grams or more of methamphetamine on and around the Rosebud Sioux Indian reservation. Further, on or about November 9, 2019, and July 7, 2019, Shaw, knowing he was an unlawful user of and addicted to a controlled substance, knowingly possessed several firearms. Finally, on or about July 7, 2019, Shaw abused, exposed, tortured, tormented, and cruelly punished a child who had not attained the age of seven.
The charges are merely accusations and Shaw is presumed innocent until and unless proven guilty.
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.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, the Rosebud Sioux Tribe Law Enforcement Services, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Shaw was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Two Sioux Falls Men Sentenced in Cocaine Trafficking ConspiracyRead the Press Release
United States Attorney Ron Parsons announced that two Sioux Falls, South Dakota, men convicted of Conspiracy to Distribute a Controlled Substance were sentenced by U.S. District Judge Karen E. Schreier.
Juan Antonio Garcia, Jr., age 34, was sentenced on December 16, 2019, to 70 months in federal prison, followed by 4 years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Byron Alexander Perez, age 35, was sentenced on June 8, 2020, to 30 months in federal prison, followed by 4 years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Garcia and Perez were indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on April 2, 2019. Garcia pled guilty on September 26, 2019, and Perez pled guilty on September 13, 2019.
Beginning on an unknown date and continuing to on or about January 7, 2019, in the District of South Dakota and elsewhere, Garcia and Perez did knowingly and intentionally combine, conspire, confederate, and agree together, with others known and unknown, to knowingly and intentionally distribute 500 grams or more of a mixture and substance containing cocaine, a Schedule II controlled substance.
This case was investigated by the South Dakota Division of Criminal Investigation, Sioux Falls Police Department, South Dakota Highway Patrol, and the Department of Homeland Security. Assistant U.S. Attorney Tamara P. Nash prosecuted the case.
Garcia and Perez were immediately turned over to the custody of the U.S. Marshals Service.
Three Members of a South Dakota Drug Ring Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that three people convicted of Distribution of a Controlled Substance were recently sentenced by U.S. District Judge Jeffrey L. Viken.
Josh Sanders, age 48, of Rapid City, South Dakota, was sentenced to a total of 12 ½ years in federal prison, followed by 5 years of supervised release. Gregory Murphy, age 45, of Rapid City was sentenced to a total of 10 years in federal prison, followed by 5 years of supervised release. And Cathy Jacques, age 36, of Box Elder, South Dakota, was sentenced to a total of 10 years in federal prison, followed by 5 years of supervised release. All are required to pay a $100 special assessment to the Federal Crime Victims Fund.
From approximately November 2018 through April 2019, the defendants obtained and transported methamphetamine between Nevada and South Dakota, with the purpose of distributing the methamphetamine in Western South Dakota. Sanders was often the source of the methamphetamine and would supply Jacques and Murphy with methamphetamine for further distribution. In April 2019, the trio were stopped by the South Dakota Highway Patrol as part of an ongoing investigation into their drug trafficking activities. During the search of the defendants’ vehicle, troopers located approximately three pounds of methamphetamine.
This case was investigated by the Unified Narcotics Enforcement Team (UNET), Drug Enforcement Agency, and South Dakota Highway Patrol. UNET is comprised of law enforcement from the Pennington County Sheriff’s Office, Rapid City Police Department, South Dakota Division of Criminal Investigation, and the South Dakota National Guard. Assistant U.S. Attorney Gina S. Nelson prosecuted the case.
Sanders, Murphy, and Jacques were immediately returned to the custody of the U.S. Marshals Service.