District of South Dakota
Press releases recorded for this federal judicial district.
Sioux Falls Man Sentenced on Meth Distribution ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on April 27, 2020, by U.S. District Judge Karen E. Schreier.
Michael Shawn Thomas, age 50, was sentenced to 15 years in federal prison, followed by 10 years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Thomas was indicted for Possession with Intent to Distribute a Controlled Substance by a federal grand jury on July 9, 2019. He pled guilty on February 12, 2020.
On or about June 22, 2019, in the District of South Dakota, Thomas, did knowingly and intentionally possess with the intent to distribute, 50 grams or more of methamphetamine (actual), a Schedule II controlled substance.
This case was investigated by Drug Enforcement Administration and the Sioux Falls Police Department. Assistant U.S. Attorney John E. Haak prosecuted the case.
Thomas was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced for Transportation of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Transportation of Child Pornography was sentenced on May 4, 2020, by U.S. District Judge Karen E. Schreier.
Derek Robert Schroeder, age 29, was sentenced to 210 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100. His cell phone was forfeited and he will be required to register as a sex offender upon release.
Schroeder was indicted by a federal grand jury on July 9, 2019. He pled guilty on January 6, 2020.
The conviction stemmed from Schroeder uploading thousands of digital files containing child pornography into his Dropbox account. The files were uploaded between August 2017 and January 2018. Schroeder admitted knowing the files contained sexually explicit depictions of children and that he used his cell phone and the internet to transport the files in interstate commerce.
This case was investigated by the Homeland Security, the Division of Criminal Investigation, and the Sioux Falls Police Department. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Schroeder was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced to Prison for Meth Trafficking ConspiracyRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on May 1, 2020, by Chief Judge Jeffrey L. Viken.
Joseph Romero, age 33, was sentenced to 12½ 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.
Romero joined a methamphetamine distribution conspiracy with other individuals in January 2017. During the course of the conspiracy, Romero received methamphetamine directly from different individuals and distributed the methamphetamine in Rapid City. Over the course of the conspiracy, at least 500 grams of methamphetamine was distributed in the Rapid City area.
This case was investigated by the Unified Narcotics Enforcement Team (UNET) and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. UNET is comprised of law enforcement from the Pennington County Sheriff’s Office, the Rapid City Police Department, South Dakota Division of Criminal Investigation, and the South Dakota National Guard. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Romero was immediately turned over to the custody of the U.S. Marshals Service.
Lower Brule Man Sentenced for AssaultRead the Press Release
United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, man convicted of Assault Resulting in Substantial Bodily Injury to an Intimate Partner was sentenced on May 4, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Shane Goodlow, age 47, was sentenced to time served through May 8, 2020, 3 years of supervised release, 6 months home confinement, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Goodlow was indicted by a federal grand jury on October 16, 2019. He pled guilty on February 12, 2020.
The conviction stemmed from an incident on May 5, 2019, when Goodlow and his intimate partner got into an argument. When the victim tried to leave, Goodlow struck the victim causing a bump to her head and a laceration to her mouth. Goodlow fled the scene prior to the arrival of law enforcement and was arrested a short time later. The victim was seen at the hospital and required stitches to close her wound.
This case was investigated by the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Goodlow was immediately turned over to the custody of the U.S. Marshals Service.
Iowa Man Sentenced as Felon in Possession of a FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Spirit Lake, Iowa, man convicted of Felon in Possession of Firearm was sentenced on April 27, 2020, by U.S. District Judge Karen E. Schreier.
Andrew James Houtsma, age 31, was sentenced to 3 months in custody, followed by 3 years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Houtsma was indicted for Felon in Possession of a Firearm by a federal grand jury on May 8, 2019. He pled guilty on February 10, 2020.
On or about May 31, 2018, in the District of South Dakota, Houtsma, having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess 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 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
This case was investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives and the Brookings Police Department. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Houtsma was immediately turned over to the custody of the U.S. Marshals Service.
Former Tribal Treasurer & Former Councilmember Sentenced to 42 and 30 Months, Respectively, for Embezzlement SchemeRead the Press Release
United States Attorney Ron Parsons announced today that two former Crow Creek Sioux Tribe councilmembers and one former employee were sentenced for their roles in an embezzlement scheme involving tribal funds.
Roland Robert Hawk, Sr., 51, was the former elected treasurer of the Crow Creek Sioux Tribe. Hawk was sentenced to 42 months in federal prison, and ordered to pay $325,762.50 in restitution and $100 to the Federal Crime Victims Fund. Following his release from custody, Hawk will serve 3 years of supervised release. Hawk was remanded to the custody of the U.S. Marshals Service.
Francine Maria Middletent, 55, was a former elected councilmember of the same Tribe. Middletent was sentenced to 30 months in federal prison, and ordered to pay $273,817.55 in restitution and $100 to the Federal Crime Victims Fund. Following her release from custody, Middletent will serve 3 years of supervised release. Middletent was released on bond and ordered to report to the federal prison designed by the Bureau of Prisons at a later date.
Jacqueline Ernestine Pease, 34, was sentenced to 3 years of probation, and ordered to pay $74,100 in restitution and $100 to the Federal Crime Victims Fund. Pease worked in the Tribe’s Finance Office, where Hawk was the overall supervisor and where Middletent worked as Chief Financial Officer.
Chief U.S. District Judge Roberto A. Lange presided over each of the sentencing hearings. Chief Judge Lange called the embezzlement scheme “terrible” and “despicable,” stating that the crimes involved a high level of “intentionality.”
“Crow Creek citizens need to know that their government works and that theft and embezzlement will not be tolerated. This case should go a long way toward restoring that confidence,” said U.S. Attorney Parsons.
According to court documents, in about March 2014 through February 2019, Roland Robert Hawk, Sr., Francine Maria Middletent, Roxanne Lynette Sazue, Jacquelyn Ernestine Pease, Tina Grey Owl, and Brandon Sazue embezzled, stole, willfully misapplied, willfully permitted to misapplied, and converted to their own use approximately $1,000,000 of monies, funds, credit, goods, assets, and other property belonging to the Crow Creek Sioux Tribe. Between Hawk and Middletent, the tribe sustained a loss of nearly $700,000.
During times relevant to each defendant’s case, Brandon Sazue served as Chair of the Crow Creek Sioux Tribe, Hawk served as the elected Treasurer of the tribe, Roxanne Sazue was also chair, and Middletent and Grey Owl were elected councilpersons. When not serving in their respective leadership positions, all defendants, except for Brandon Sazue, worked for Hawk in the Tribe’s Finance Office. In their respective leadership roles and employment positions, the defendants had the access and opportunity to the funds that were embezzled from the tribe.
The maximum penalties for each defendant upon conviction are as follows: 5 years imprisonment, a $250,000 fine, or both; 3 years, of supervised release; $ 100 to the Federal Crime Victims Fund; and restitution may be ordered. Other than Hawk, all of the defendants were released on bond pending sentencing.
The investigation is being conducted by the U.S. Attorney’s Office and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
The case was brought pursuant to The Guardians Project, a federal law enforcement initiative to coordinate efforts between participating agencies, to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those who are responsible for adversely affecting those living in South Dakota’s Indian country communities. The Guardians Project is another step of federal law enforcement’s on-going efforts to increase engagement, coordination, and positive action on behalf of tribal communities. Led by the U.S. Attorney’s Office, the participating agencies include: Federal Bureau of Investigation; the Offices of Inspector General for the Departments of Interior, Health and Human Services, Social Security Administration, Agriculture, Transportation, Education, Justice, and Housing and Urban Development; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspector Service; U.S. Postal Service, Office of Inspector General.
For additional information about The Guardians Project, please contact the United States Attorney’s Office at (605)330-4400. To report a suspected crime, please contact law enforcement at the federal agency’s locally listed telephone number.
Eagle Butte Woman Sentenced for Meth TraffickingRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman convicted of Conspiracy to Distribute Methamphetamine was sentenced on May 4, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Kristen Pretty Weasel, age 38, was sentenced to 120 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.
Pretty Weasel was indicted by a federal grand jury on December 10, 2019. She pled guilty on February 11, 2020.
The conviction stemmed from a conspiracy beginning in 2016 and continuing through 2018, in which Pretty Weasel knowingly and intentionally conspired with others to distribute and possess with intent to distribute 500 grams or more of methamphetamine. Pretty Weasel primarily distributed methamphetamine on the Cheyenne River Sioux Indian Reservation in South Dakota, and she traveled to acquire methamphetamine in Rapid City, South Dakota.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services; the City of Faith, South Dakota, Police Department; and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Pretty Weasel was immediately remanded to the custody of the U.S. Marshals Service.
U.S. Attorney’s Office Committed to Investigating Predatory Housing Practices Related to COVID-19 PandemicRead the Press Release
Attorney General William Barr has directed U.S. Attorney’s Offices across the country to investigate reports of housing-related sexual harassment resulting from the current COVID-19 pandemic.
As the country adopts drastic measures to slow the spread of COVID-19, many Americans have lost their jobs and many more have seen their wages curtailed. These losses have forced some to seek abatements or suspensions of their rent. Although many landlords have responded with understanding, the Attorney General reports that other landlords have responded to requests for accommodations with demands for sexual favors and other acts of unwelcome sexual conduct. Such behavior is illegal under the Fair Housing Act, which prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. Sexual harassment is a form of sex discrimination prohibited by the Act. Sexual harassment by landlords, property managers, maintenance workers, and others with power over housing often impacts society’s most vulnerable populations.
“For landlords or property managers to try to use the power they have over tenants in these unprecedented times to extort sexual favors, or even commit assaults, is beyond reprehensible,” said U.S. Attorney Parsons. “No person should have to tolerate unwanted sexual advances in order to keep a roof over his or her head. Our office is dedicated to uncovering such violations wherever they exist and vigorously enforcing the law.”
The Attorney General’s directive reaffirms the Department of Justice’s commitment to the Sexual harassment Initiative launched in October 2017. The initiative seeks to identify barriers to reporting sexual harassment in housing, increase awareness of its enforcement efforts, and collaborate with federal, state, and local partners to increase reporting and help survivors quickly and easily connect with federal resources.
If you think you are a victim of sexual harassment by a landlord or other person who has control over housing, contact the Civil Rights Division by calling (844) 380-6178, or by emailing [email protected].
Individuals who believe they may have been victims of discrimination may also file a complaint with the U.S. Attorney’s Office at 325 S. 1st Avenue, Sioux Falls, South Dakota, 57104, ATTN: Alison J. Ramsdell, Civil Rights Coordinator, or by calling (605) 330-4400.
For more information, visit www.justice.gov/crt/sexual-harassment-housing-initiative.
Sioux Falls Man Sentenced on Firearm ChargeRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Possession of a Firearm by Prohibited Person was sentenced on April 27, 2020, by U.S. District Judge Karen E. Schreier.
Sheldon Chuck Cortez, age 27, was sentenced to 18 months in federal prison, followed by 3 years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Cortez was indicted for Possession of a Firearm by Prohibited Person by a federal grand jury on December 3, 2019. He pled guilty on February 6, 2020.
On or about September 17, 2019, in the District of South Dakota, Cortez, knowing he had previously been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess a firearm and ammunition, 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 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/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. Special Assistant U.S. Attorney Tamara Nash prosecuted the case.
Cortez was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Woman Sentenced on Heroin Trafficking ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced by Jeffrey L. Viken, U.S. District Judge.
Sara Bailey, a/k/a Sara Johnson, age 41, was sentenced on May 1, 2020, to 20 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.
The conviction stemmed from Bailey conspiring with others to distribute nearly 2000 grams of heroin between May and August 2018 at Rapid City. Bailey’s distribution of heroin included injecting and providing heroin to a 15-year-old during the same time period.
This case was investigated by the Drug Enforcement Administration and the Unified Narcotics Enforcement Team (UNET), which 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 Benjamin Patterson prosecuted the case.
Bailey was immediately remanded to the custody of the U.S. Marshals Service.
North Dakota Man Sentenced on Firearm ChargeRead the Press Release
United States Attorney Ron Parsons announced that a Velva, North Dakota, man convicted of Possession of a Firearm by Prohibited Person was sentenced on April 27, 2020, by U.S. District Judge Karen E. Schreier.
Jeffrey A. Cool, age 59, was sentenced to time served and 3 years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Cool was indicted for Possession of a Firearm by Prohibited Person by a federal grand jury on January 8, 2020. He pled guilty on February 3, 2020.
On or about September 2, 2018, in the District of South Dakota, Cool, then being an unlawful user of and addicted to a controlled substance, did knowingly possess firearms, 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 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/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. Special Assistant U.S. Attorney Tamara Nash prosecuted the case.
Eagle Butte Man Sentenced for Meth TraffickingRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Possession with Intent to Distribute Methamphetamine was sentenced on May 4, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Calvin Donald Edwards, Jr., age 41, was sentenced to 30 months in federal prison, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Edwards was indicted by a federal grand jury on January 14, 2020. He pled guilty on February 10, 2020.
The conviction stemmed from an incident that occurred on July 1, 2019, wherein Edwards knowingly and intentionally possessed with intent to distribute approximately 39 grams of methamphetamine in Eagle Butte.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Edwards was immediately remanded to the custody of the U.S. Marshals Service.
Little Eagle Woman Charged with Assault with a Dangerous WeaponRead the Press Release
United States Attorney Ron Parsons announced that a Little Eagle, South Dakota, woman has been indicted by a federal grand jury for Assault With a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Georgianne Madison, II, age 38, was indicted on March 9, 2020. She appeared before U.S. Magistrate Judge William D. Gerdes on April 30, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on June 10, 2019, Madison assaulted an individual with a knife and the assault resulted in serious bodily injury.
The charges are merely accusations and Madison is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Kirsten Jasper is prosecuting the case.
Madison was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rapid City Man Sentenced for Tax EvasionRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Tax Evasion was sentenced by Jeffrey L. Viken, U.S. District Judge.
Joseph Bennington, age 42, was sentenced on April 27, 2020, to 15 months in federal prison, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund and $124,645.00 in restitution to the Internal Revenue Service.
“Tax evasion is a serious crime,” said U.S. Attorney Parsons. “It will be met with a serious federal response, as this prison sentence confirms.”
The conviction stemmed from Bennington failing to make an income tax return, as required by law, and failing to pay income taxes owed by him for the year 2017. Bennington also failed to file and pay income taxes for tax years 2008-2016, despite earning substantial income during the same period of time. Additionally, Bennington concealed his true income by cashing checks he received from Black Hills Auto Auction Inc. instead of depositing the checks into his bank account.
“Tax evasion is not a victimless crime,” said Acting Special Agent in Charge Adam Steiner, Internal Revenue Service – Criminal Investigation. “Today’s sentence exhibits that the IRS and U.S. Attorney’s Office are duty bound to protect the integrity of the U.S. tax administration system, and to make sure everyone complies with their tax obligations.”
The investigation was conducted by the Internal Revenue Service – Criminal Investigation. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Bennington was ordered to self-surrender to the U.S. Marshals Service on June 29, 2020, to begin serving his custody sentence.
North Dakota Man Sentenced for Wildlife Violations involving Bald Eagle DeathsRead the Press Release
United States Attorney Ron Parsons announced that a Flasher, North Dakota, man convicted of Unlawful Taking of Bald Eagles, Unlawful Taking of Migratory Birds, and Unlawful Use of Restricted Use Pesticide was sentenced on April 2, 2020, by U.S. Magistrate Judge William D. Gerdes.
David Alan Meyer, age 58, was ordered to pay a total of $58,800 in restitution, $9,800 per eagle, a $50,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $50.
"Today's sentencing is a testament to the commitment of federal, tribal and state law enforcement agencies to protect our nation's bald eagles," said Edward Grace, Assistant Director of the Office of Law Enforcement. "Illegal poisoning can have a significant impact on their populations. Working with our tribal, state and federal partners, the U.S. Fish and Wildlife Service is dedicated to protect our nation's fish and wildlife resources."
Meyer was charged on January 16, 2020. He pled guilty to the Information on January 30, 2020.
In March and April 2016, a joint Standing Rock Sioux Tribe Game and Fish Department, U.S. Fish and Wildlife Service, and Environmental Protection Agency investigation revealed that David Meyer, owner of Meyer Buffalo Ranch on the Standing Rock Sioux Indian Reservation had supervised the misapplication of 39,000 pounds of Rozol prairie dog bait, a restricted use pesticide, on over 5,400 acres of his property.
Over a dozen workers were interviewed and confirmed they were supposed to put the poison in the holes, but due the high demand on the amount of poison that needed to be dispensed and the large land tract, workers got sloppy and the poison was not dispensed as required by the label. Because of the misapplication, the EPA emergency response team was dispatched to oversee the cleanup of the ranch land by Meyer. During the course of the investigation, six bald eagles were recovered and confirmed to have died as a result of the poison.
“The defendant put the health of workers and wildlife at risk by illegally obtaining and using a restricted-use pesticide,” said Acting Special Agent in Charge Lance Ehrig of the EPA’s Denver Area Office. “This case serves as a stark reminder that restricted use pesticides must be applied by certified personnel and as intended. Those who circumvent and ignore the laws that protect public health and wildlife will be held accountable by the EPA and our law enforcement partners.”
This case was investigated by the U.S. Fish and Wildlife Service, the Environmental Protection Agency, the Standing Rock Sioux Tribe Game and Fish Department, and the North Dakota Department of Agriculture. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Sturgis Man Sentenced on Child Pornography ChargeRead the Press Release
United States Attorney Ron Parsons announced that a Sturgis, South Dakota, man convicted of Attempted Possession of Child Pornography was sentenced on April 17, 2020, by Jeffrey L. Viken, U.S. District Court Judge.
Sean Gertsch, age 28, was sentenced to 3 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.
The conviction stemmed from an undercover sex trafficking operation conducted during the 2019 Sturgis Motorcycle Rally, targeting internet predators.
The investigation was conducted by 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 Collins prosecuted the case.
Gertsch was immediately remanded to the custody of the U.S. Marshals Service.
Chicago Drug Dealers Sentenced in South Dakota Heroin ConspiracyRead the Press Release
United States Attorney Ron Parsons announced that a duo from Chicago, IL, convicted of Conspiracy to Distribute a Controlled Substance were sentenced by U.S. District Judge Karen E. Schreier.
Ronald Tyree Thigpen, a/k/a “T,” a/k/a “TJ,” a/k/a “Ty,” a/k/a “Tyree,” age 38, was sentenced on April 15, 2020, to 135 months in federal prison, followed by 5 years of supervised release. Ann Platt, a/k/a “D,” a/k/a “Deanna,” a/k/a “Pretty Eyes”, age 42, was sentenced on January 27, 2020, to 120 months in federal prison, followed by 5 years of supervised release. They were both also ordered to pay $100 to the Federal Crime Victims Fund.
Thigpen and Platt were indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on April 2, 2019. Thigpen pled guilty on January 21, 2020, and Platt pled guilty on November 7, 2019.
Thigpen and Platt worked together to distribute heroin in Sioux Falls. During the course of their conspiracy, the two trafficked heroin from Chicago for redistribution to customers in Sioux Falls. Investigators learned that heroin supplied by this group was responsible for the death of a Sioux Falls woman in March 2018.
This case was investigated by the Drug Enforcement Administration and the Sioux Falls Area Drug Task Force. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Thigpen and Platt were immediately turned over to the custody of the U.S. Marshals
Martin Man Sentenced to Five Years in Federal Prison for Theft of FirearmsRead the Press Release
United States Attorney Ron Parsons announced that a Martin, South Dakota, man convicted of Theft of Firearms was sentenced by Jeffrey L. Viken, U.S. District Judge.
Sidney Marshall, age 26, was sentenced on April 17, 2020, to 5 years in federal prison, followed by 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund and $1,962.30 in restitution.
The conviction stemmed from Marshall breaking into True Value Hardware in Martin and stealing multiple firearms in August 2018.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’ssignature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Martin Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Marshall was immediately remanded to the custody of the U.S. Marshals Office.
Wagner Man Sentenced for Simple AssaultRead the Press Release
United States Attorney Ron Parsons announced that a Wagner, South Dakota, man convicted of Simple Assault was sentenced on April 20, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Francis Stanford Stricker, age 48, was sentenced to 2 years of probation, and a special assessment to the Federal Crime Victims Fund in the amount of $10.
Stricker was indicted by a federal grand jury on March 12, 2020. He was found guilty following a two-day jury trial on January 30, 2020, in Pierre, South Dakota.
The conviction stemmed from an incident that occurred on April 7, 2018, in Mission, South Dakota. On that date, Stricker grabbed his girlfriend, knocked her down, and assaulted her with his hands while she attempted to fight him off and escape.
This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Michael J. Elmore prosecuted the case. Stricker was immediately released.
Mission Man Charged with Burglary and LarcenyRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Third Degree Burglary and Larceny.
Debonair Donavan Wright, age 19, was indicted on November 13, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 22, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on June 10, 2019, in Todd County, South Dakota, Wright unlawfully entered Mike’s Pawn Shop and stole property valued over $1,000.
The charges are merely an accusation and Wright 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.
Wright was released on bond pending trial. A trial date has not been set.
Eagle Butte Woman Sentenced for Meth TraffickingRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman convicted of Conspiracy to Distribute Methamphetamine was sentenced on April 20, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Nicole Ducheneaux, age 34, was sentenced to 34 months in federal prison, followed by 4 years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Ducheneaux was indicted by a federal grand jury on August 13, 2019. She pled guilty on January 30, 2020.
The conviction stemmed from a conspiracy that began in 2015 and continued through 2019, wherein Ducheneaux, knowingly and intentionally, worked with others to distribute and possess with intent to distribute 50 grams or more of methamphetamine on the Cheyenne River Sioux Reservation.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Ducheneaux was immediately turned over to the custody of the U.S. Marshals Service.
Department of Justice Commemorates National Crime Victims’ Rights WeekRead the Press Release
SIOUX FALLS, SD – United States Attorney Ron Parsons joined the Department of Justice and communities nationwide in observing National Crime Victims’ Rights Week and announced that nine individuals in the District of South Dakota are being honored by the U.S. Attorney’s Office in recognition of their outstanding dedication, service, and contributions on behalf of crime victims. This year’s observance takes place April 19-25 and features the theme: “Seek Justice. Ensure Victims' Rights. Inspire Hope.”
The Department of Justice’s Office for Victims of Crime will join communities nationwide in observing National Crime Victims’ Rights Week and celebrating victims’ rights, protections, and services. Unfortunately, due to COVID-19, official award ceremonies are postponed indefinitely.
“Every year, millions of Americans suffer the shock and trauma of criminal victimization, affecting their well-being and sense of security and dignity,” said Attorney General William P. Barr. “To these victims, we affirm our unwavering commitment to supporting them in their hour of need.”
“The Department of Justice is committed to supporting the survivors of crime and their families,” said U.S. Attorney Parsons. “We also commend the many victim advocates and public safety professionals who tirelessly work to support the survivors of crime, secure their dignity, and protect their rights with dedication and compassion. This year’s honorees are shining examples of that extraordinary commitment.”
Those being honored by the U.S. Attorney’s Office for the District of South Dakota as part of National Crime Victim’s Week are:
- Emily’s Hope, a non-profit organization founded by Angela Kennecke as a means of channeling the heartbreak of her daughter’s death due to fentanyl poisoning into action to help prevent others from suffering a similar tragedy, is recognized for its outstanding efforts to raise awareness of the opioid epidemic, ease the stigma of addiction, and assist the victims of drug trafficking by helping to offset the cost of treatment. In its first year alone, Emily’s Hope was able to raise $250,000 to fund scholarships for patients seeking treatment at the Avera Addiction Care Center in Sioux Falls.
- Amanda Liebl, a forensic interviewer with Child’s Voice in Sioux Falls, is commended for her outstanding professional conduct in forensically interviewing a 13 year-old girl that was physically and sexually abused by a family member.
- Dr. Brooke Jones, a pediatrician with Child’s Voice in Sioux Falls, is recognized for her medical treatment and care for a 13 year-old girl that was physically and sexually abused by a family member and providing expert testimony at a jury trial resulting in a conviction and justice for the victim.
- Dr. Deb McParland, a psychiatrist at Our Home in Parkston, is recognized for her outstanding efforts in providing a safe and nurturing environment to a 13 year-old girl that was physically and sexually abused by a family member. Known as "Dr. Deb" by the residents, she assisted in providing the nurturing and stable environment necessary for the victim to regain her health. Dr. McParland went the extra mile by accompanying the victim to court to support her during her trial testimony against her abuser.
- Alex Chasing-Sainz, a Yankton Sioux Tribe Law Enforcement Officer, is commended for his remarkable investigation that led to the swift apprehension of the attacker of two elderly women in the Yankton Sioux Tribe community.
- Patricia Irons, a resident of Marty, is recognized for her brave and outstanding cooperation with law enforcement to assist in the investigation of a violent crime against a neighbor.
- Curt L. Muller, Special Agent in Charge, Kansas City Region, Office of Inspector General - Office of Investigations, U.S. Department of Health & Human Services – Special Agent in Charge Muller’s tireless efforts in investigating Dr. Stanley Patrick Weber, starting in 2015, resulted in Weber’s conviction for eight child sex related convictions, and ultimate life sentences for his prolific abuse of children on the Pine Ridge Indian Reservation in South Dakota and the Blackfeet Indian Reservation in Montana spanning over 30 years. Special Agent in Charge Muller conducted over 200 interviews, assisted in the preparations for a complicated trial, and arranged for his agency to provide unprecedented support for the case and victims of Weber’s crimes.
- Fred Bennett, former Special Agent for the Bureau of Indian Affairs traveled extensively to obtain evidence vital to Stanley Weber’s convictions. It was his work with several victims that obtained their cooperation, despite the difficulty in that process. Special Agent Bennett was the first law enforcement official to persuade one of Weber’s victims to go on the record about the crimes committed against him, which led to the cases being prosecuted.
- Justin Christman, Special Agent, Office of Inspector General – Office of Inspection, U.S. Department of Health and Human Services. Special Agent Christman assisted in the investigation and trial preparation for the Stanley Weber case.
The U.S. Attorney’s Office for the District of South Dakota and the Department of Justice commend these outstanding advocates for the victims of crime and thank them for their extraordinary service to our communities.
President Ronald Reagan proclaimed the first Victims’ Rights Week in 1981, putting crime victims' rights, needs, and concerns in a prominent spot on the American agenda. He also established the President’s Task Force on Victims of Crime, which laid the groundwork for a national network of services and legal safeguards for crime victims. President Trump and his administration have implemented historic levels of support for victim assistance and victim compensation.
Some 3.3 million Americans age 12 and older were victims of violent crime in 2018, according to the National Crime Victimization Survey. The Office for Victims of Crime (OVC), part of the Justice Department’s Office of Justice Programs, supports more than 7,000 local victim assistance programs and victim compensation programs in every state and U.S. territory. Funds for these programs come from the Crime Victims Fund, which is made up of federal criminal fines, penalties and bond forfeitures.
For additional information about the 2020 National Crime Victims’ Rights Week, visit: http://www.ovc.gov/
- Emily’s Hope, a non-profit organization founded by Angela Kennecke as a means of channeling the heartbreak of her daughter’s death due to fentanyl poisoning into action to help prevent others from suffering a similar tragedy, is recognized for its outstanding efforts to raise awareness of the opioid epidemic, ease the stigma of addiction, and assist the victims of drug trafficking by helping to offset the cost of treatment. In its first year alone, Emily’s Hope was able to raise $250,000 to fund scholarships for patients seeking treatment at the Avera Addiction Care Center in Sioux Falls.
Mission Man Sentenced on Meth Trafficking and Firearm ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine, Possession of Firearms in Furtherance of a Drug Trafficking Crime, and Drug User in Possession of Firearms was sentenced on April 20, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Eli Erickson, a/k/a Black, age 33, was sentenced to a total of 188 months in federal prison, followed by 5 years of supervised release, a $1,000 fine, and a $500 special assessment to the Federal Crime Victims Fund. Four firearms were also ordered forfeited due to the convictions.
Erickson was indicted by a federal grand jury on November 14, 2018, and a Superseding Indictment was filed on September 10, 2019. A jury convicted him on five of the aforementioned felony charges after a three-day trial on November 7, 2019.
The convictions stemmed from a conspiracy that lasted between 2015 and 2018, wherein Erickson knowingly and intentionally conspired with others to distribute and possess with intent to distribute more than 500 grams of methamphetamine. The trial testimony showed the conspiracy involved importing pounds of methamphetamine from Nebraska and distributing it on the Rosebud Sioux Indian Reservation. During this time, Erickson possessed two firearms in furtherance of his drug trafficking operation, namely, by using the weapons to protect his home in Mission, from which he sold methamphetamine. Erickson also possessed these firearms and two other firearms while being a methamphetamine user.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services; the Stanley County Sherriff’s Office; the Lexington, Nebraska, Police Department; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Northern Plains Safe Trails Drug Enforcement Task Force; and the Federal Bureau of Investigation. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Erickson was immediately remanded to the custody of the U.S. Marshals Service.
Cherry Creek Man Sentenced for Sexual Abuse of a Person Incapable of ConsentRead the Press Release
United States Attorney Ron Parsons announced that a Cherry Creek, South Dakota, man convicted of Sexual Abuse of a Person Incapable of Consent was sentenced on April 20, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Angelo Ashley, age 21, was sentenced to 144 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Ashley was indicted by a federal grand jury on September 11, 2018. He pled guilty on January 28, 2020.
The conviction stemmed from an incident that occurred on or about March 26, 2016, at Cherry Creek. Ashley knowingly engaged in a sexual act with a minor female, who was physically incapable of declining participation in and communicating an unwillingness to engage in the sexual act.
This case was investigated by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Ashley was immediately remanded to the custody of the U.S. Marshals Service.
U.S. Attorney for the District of South Dakota and IRS-CI Warn Taxpayers Against Fraud Schemes Related to COVID-19 Economic Impact PaymentsRead the Press Release
The United States Attorney's Office for the District of South Dakota and Internal Revenue Service-Criminal Investigations (IRS-CI), St. Louis Field Office, are warning taxpayers to be on the lookout for scam artists trying to use the COVID-19 economic impact payments as cover for schemes to steal personal information and money.
Ron Parsons, U.S. Attorney for the District of South Dakota, and Karl A. Stiften, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), St. Louis Field Office, made the announcement today in an effort to prevent taxpayers from falling victim to criminals using the recently approved economic impact payments as an opportunity to commit a crime.
Automatic COVID-19 economic impact payments started being deposited into taxpayers’ accounts on April 11. For most Americans, this will be a direct deposit into your bank account. For the unbanked, retirees or other groups who have traditionally received tax refunds via paper check, they will receive their economic impact payment in this manner as well. Scammers may try to get you to sign over your check to them or use this as an opportunity to get you to “verify” your filing information in order to receive your money, and then use your personal information at a later date to file false tax returns in an identity theft scheme. Because of this, everyone receiving a COVID-19 related economic impact payment from the government is at risk.
Karl A. Stiften, Special Agent in Charge of the IRS-CI St. Louis Field Office warned “The existence of a deadly national pandemic will not stop criminals seeking to capitalize on the fears and difficulties faced by the public as they try to line their own pockets by stealing your money or your personal information.”
“All of us need to vigilant in these times to protect ourselves and our loved ones from being defrauded,” said U.S. Attorney Parsons. “You should report any suspicious activity to federal law enforcement immediately. If you think you are a victim of a scam or attempted fraud involving COVID-19 or stimulus relief, you can contact the National Center for Disaster Fraud Hotline at 866-720-5721 or via email at [email protected].”
Special Agent in Charge Stiften offers the following information and tips to spot a scam and understand how the COVID-19 related economic impact payments will be issued.
- The IRS will deposit your check into the direct deposit account you previously provided on your tax return (or, in the alternative, send you a paper check).
- The IRS will not call and ask you to verify your payment details. Do not give out your bank account or any other account information - even if someone claims it's necessary to get your check. It's a scam.
- If you receive a call, don't engage with scammers or thieves, even if you want to tell them that you know it's a scam, or you think that you can beat them. Just hang up.
- If you receive texts or emails claiming that you can get your money faster by sending personal information or clicking on links, delete them. Don't click on any links in those emails or texts.
- Reports are also swirling about bogus checks. If you receive a check that requires that you verify the check online or by calling a number, it’s a fraud.
In these uncertain and trying times, we need to stand together united with purpose. Don’t become a victim by allowing criminals to exploit your emotions. Stay strong, tell your family, friends and neighbors about these scams.
"IRS Criminal Investigation alongside the U.S. Department of Justice are prioritizing these types of investigations to help protect taxpayers and the tax system, especially those looking to prey on vulnerable taxpayers,” said Special Agent in Charge Stiften. “Remember, go directly and solely to IRS.gov for official information.”
For more information, visit the IRS website at www.irs.gov/coronavirus. You can always report scams to the IRS on the website at https://www.irs.gov/privacy-disclosure/report-phishing
Rapid City Man Sentenced for Illegal Possession of FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced by Jeffrey L. Viken, U.S. District Judge.
Michael Wiseley, age 37, was sentenced on April 13, 2020, to 5 years in federal prison, followed by 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The conviction stems from Wiseley, a previously convicted felon who is prohibited from possessing firearms, unlawfully possessing a Ruger, .380 caliber semi-automatic pistol, which was found after Wiseley came into contact with Rapid City police officers in June 2018.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’ssignature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Wiseley was immediately remanded to the custody of the U.S. Marshals Office.
Mission Woman Indicted on Drug Trafficking ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, woman has been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance.
Jessi Barrera, age 33, was indicted on March 9, 2020. She appeared before U.S. Magistrate Judge Mark A. Moreno on April 14, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is a mandatory minimum of 5 years, up to 40 years in prison and/or a $5,000,000 fine, at least 4 years of supervised release, and $100 to the Federal Crime Victims Fund for each Count. Restitution may also be ordered.
The Indictment alleges that Barrera knowingly and intentionally possessed with the intent to distribute methamphetamine, a Schedule II controlled substance, and aided and abetted others in the distribution of meth on the Rosebud Indian Reservation.
The charge is merely an accusation and Barrera is 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.
Barrera was released on bond pending trial. A trial date has not been set.
Eagle Butte Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on April 15, 2020, by U.S. Magistrate Judge Mark A. Moreno.
Silas Condon, age 24, was sentenced to 2 years probation with 4 months home detention, restitution of $349, and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Condon was indicted by a federal grand jury on January 15, 2020. He pled guilty on April 15, 2020.
The conviction stemmed from an incident on December 6, 2019, when law enforcement was dispatched to remove Condon from a residence due to his intoxication. As law enforcement escorted Condon out of the residence, Condon was verbally abusive and spit on, kicked, and struck the officers multiple times.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Condon released following his sentencing hearing.
Rapid City Man Sentenced for Discharging Firearm During Crime of ViolenceRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Discharging a Firearm During the Commission of a Crime of Violence was sentenced by Jeffrey L. Viken, U.S. District Judge.
Carl Shockey, age 19, was sentenced on April 3, 2020, to 10 years in federal prison, followed by 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The conviction stems from Shockey and another person entering an occupied residence on April 23, 2019. Shockey wore a blue bandana to conceal his identity and was armed with a shotgun. After unlawfully entering the home in Pine Ridge, Shockey roused the sleeping occupants by loudly demanding they surrender their money and possessions. Shockey discharged one round inside the home before he and his accomplice fled the residence in a vehicle that had been stolen from Rapid City. The pair later abandoned the vehicle and were apprehended by Oglala Sioux Tribe Department of Public Safety officers.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Bureau of Indian Affairs - Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Shockey was immediately remanded to the custody of the U.S. Marshals Service.
Pierre Woman Sentenced for Methamphetamine TraffickingRead the Press Release
United States Attorney Ron Parsons announced that a Pierre, South Dakota, woman convicted of Conspiracy to Distribute Methamphetamine was sentenced on April 6, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Melissa Jean Scull, age 39, was sentenced to 77 months in federal prison, followed by 4 years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Scull was indicted by a federal grand jury on July 16, 2019. She pled guilty on December 5, 2019.
The conviction stemmed from a conspiracy that occurred between February 1, 2019, and July 16, 2019, in which Scull, knowingly and intentionally, conspired and agreed with others to knowingly and intentionally distribute and possess with intent to distribute methamphetamine in and around the Pierre and Ft. Pierre Communities. As part of the conspiracy, Scull and her co-defendants traveled to Denver, Colorado, to pick up methamphetamine. On June 23, 2019, law enforcement conducted a traffic stop of co-defendant Frank Miller’s vehicle, of which Scull was a passenger, wherein 236 grams of methamphetamine, a scale, pipes, and other items of distribution were found.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, the Pierre Police Department, and the South Dakota Highway Patrol. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Scull was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on April 6, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Dwight Black Spotted Horse, age 35, was sentenced to 21 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Black Spotted Horse was indicted by a federal grand jury on September 10, 2019. He pled guilty on January 28, 2020.
Black Spotted Horse was convicted of Sexual Abuse of a Minor in October 2006. As a result of this conviction, he is required to register as a sex offender for his natural lifetime. Between June 16, 2019, and September 10, 2019, Black Spotted Horse failed to properly register and update his registration.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Black Spotted Horse was immediately turned over to the custody of the U.S. Marshals Service.
Parmelee Man Sentenced for Habitual Domestic AssaultRead the Press Release
United States Attorney Ron Parsons announced that a Parmelee, South Dakota, man convicted of Domestic Assault by an Habitual Offender was sentenced on April 6, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Adrian Hawkman, age 35, was sentenced to 18 months in federal prison, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Hawkman was indicted by a federal grand jury on June 11, 2019. He pled guilty on January 15, 2020.
The conviction stemmed from an incident that occurred on February 23, 2019, wherein Hawkman assaulted his domestic partner at their home in Parmelee. At the time of this incident, Hawkman had two prior convictions in Rosebud Sioux Tribal Court for Domestic Abuse.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Hawkman was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for Being a Drug User in Possession of FirearmsRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Possession of Firearms by a Drug User was sentenced on April 6, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Jason Farlee, age 31, was sentenced to 83 days time served, 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100. Four of his firearms were also forfeited due to their involvement in the offense.
Farlee was indicted by a federal grand jury on February 13, 2019. He pled guilty on January 15, 2020.
The conviction stemmed from an incident that occurred on October 8, 2018, in Eagle Butte, wherein Farlee was driving a vehicle which was stopped by the Cheyenne River Sioux Tribe Law Enforcement Services. Farlee advised an officer that he had firearms in the vehicle and later consented to a search. Officers found three rifles, a handgun, and multiple items of drug paraphernalia within reach of the driver’s seat. Farlee’s blood was drawn pursuant to a warrant and found to contain methamphetamine.
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. Cameron J. Cook prosecuted the case.
Georgia Man Indicted for Sexual Exploitation of MinorsRead the Press Release
United States Attorney Ron Parsons announced that a Hahira, Georgia, man was charged in federal district court with Enticement of a Minor Using the Internet, Sexual Exploitation of a Minor, and Transfer of Obscene Material to a Minor.
Franklin Love McDaniel, age 33, was charged on January 15, 2020. He appeared before U.S. Magistrate Judge Daneta Wollmann on March 25, 2020, and pleaded not guilty to the charges. The penalty upon conviction is a mandatory minimum of 15 years up to life in federal prison and/or a $250,000 fine, a mandatory minimum of 5 years up to lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to McDaniel sexually exploiting underage females between April 2017 and June 2019 in Rapid City via the internet. The charges are merely an accusation and McDaniel is presumed innocent until and unless proven guilty.
The investigation is being conducted by the South Dakota Division of Criminal Investigation, the Department of Homeland Security, 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.
McDaniel was released on conditions pending trial. A trial date has not been set.
Box Elder Man Charged with Attempting to Entice a Minor Using the InternetRead the Press Release
United States Attorney Ron Parsons announced that a Box Elder, South Dakota, man was charged in federal district court with Enticement of a Minor Using the Internet.
Adam Swift, age 30, was charged on March 25, 2020. He appeared before U.S. Magistrate Judge Daneta Wollmann on March 25, 2020, and pleaded not guilty to the charge. The penalty upon conviction is a mandatory minimum of 10 years up to life in federal prison and/or a $250,000 fine, a mandatory minimum of 5 years up to lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund.
The charge relates to Swift communicating with the parent of 5-year-old girl, but who was in fact an undercover agent, with the purpose of engaging in sexual activity with the minor female. The charges are merely an accusation and Swift is presumed innocent until and unless proven guilty.
The investigation is being conducted by the South Dakota Division of Criminal Investigation, the Department of Homeland Security, 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.
Swift was detained pending trial. A trial date has not been set.
Rapid City Woman Sentenced to 10 Years for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, woman who pled guilty to Conspiracy to Distribute a Controlled Substance was sentenced on March 30, 2020, by U.S. District Judge Jeffrey L. Viken.
Bryaunah Stewart, age 28, was sentenced to a total of 10 years in federal prison, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
From approximately November 2017 to June 2018, Stewart distributed methamphetamine in the area of Rapid City. The methamphetamine she distributed was brought to South Dakota from Colorado by another woman, Cathy Wells, who was sentenced in July 2019 to 20 years in prison.
This case was investigated by the Unified Narcotics Enforcement Team (UNET), Drug Enforcement Agency, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. UNET is comprised of law enforcement from the Pennington County Sheriff’s Office, the Rapid City Police Department, South Dakota Division of Criminal Investigation, and the South Dakota National Guard. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Stewart was immediately returned to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Illegal Possession of FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced by Jeffrey L. Viken, U.S. District Judge.
Mason Means, age 21, was sentenced on March 30, 2020, to 2 years in federal prison, followed by 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The conviction stems from Means, a previously convicted felon who is prohibited from possessing firearms, unlawfully possessing a Glock, model 17, 9mm semi-automatic pistol, which was found after Means led law enforcement on a high-speed vehicle pursuit, following an attempted traffic stop in Rapid City in June 2019.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Means was immediately remanded to the custody of the U.S. Marshals Service.
U.S. Attorney Urges Public to Report Suspected COVID-19 Fraud or Price GougingRead the Press Release
SIOUX FALLS, SD – United States Attorney Ron Parsons of the District of South Dakota today urged the public to report suspected fraud schemes related to COVID-19 (the Coronavirus) by calling the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or to the NCDF e-mail address [email protected].
In coordination with the Department of Justice, Attorney General William Barr has directed U.S. Attorneys to prioritize the investigation and prosecution of Coronavirus fraud schemes. The NCDF Hotline can receive and enter complaints into a centralized system that can be accessed by all U.S. Attorneys, as well as Justice Department litigating and law enforcement components to identify, investigate and prosecute fraud schemes.
“The Department of Justice continues to fulfill its critical mission during this critical time, and we remain open for business. Our primary goal is to do everything we can to maintain safety and security throughout our district,” said U.S. Attorney Parsons. “Fraud related to COVID-19 is particularly disturbing as it exploits a national crisis for personal gain. Be assured that those who seek to defraud or exploit others will be held accountable.”
Some examples of COVID-19 schemes include:
- Individuals and businesses selling fake cures or fake testing kits for COVID-19 online and engaging in other forms of fraud.
- Phishing emails from entities posing as the World Health Organization or the Centers for Disease Control and Prevention.
- Malicious websites and apps that appear to share Coronavirus-related information to gain and lock access to your devices until payment is received.
- Seeking donations fraudulently for illegitimate or non-existent charitable organizations.
- Medical providers obtaining patient information for COVID-19 testing and then using that information to fraudulently bill for other tests and procedures.
Deputy Attorney General Jeffrey Rosen also directed each U.S. Attorney to appoint a Coronavirus Fraud Coordinator to serve as the legal counsel for the federal judicial district on matters relating to the Coronavirus, direct the prosecution of Coronavirus-related crimes, and to conduct outreach and awareness activities. The District of South Dakota’s Coronavirus Fraud Coordinator is Assistant U.S. Attorney Ann M. Hoffman.
The NCDF can receive and enter complaints into a centralized system that can be accessed by all U.S. Attorneys, as well as Justice Department litigating and law enforcement components to identify, investigate and prosecute fraud schemes. The NCDF coordinates complaints with 16 federal law enforcement agencies, as well as state Attorneys General and local authorities.
The Department is also committed to preventing hoarding and price gouging for critical supplies during this crisis. To combat this misconduct, the President issued an Executive Order pursuant to section 102 of the Defense Production Act, which prohibits hoarding of designated items, and Attorney General Barr has now created the COVID-19 Hoarding and Price Gouging Task Force. In a memo to U.S. Attorneys, Attorney General Barr said, “we will aggressively pursue bad actors who amass critical supplies either far beyond what they could use or for the purpose of profiteering. Scarce medical supplies need to be going to hospitals for immediate use in care, not to warehouses for later overcharging.” The Secretary of HHS has issued a Notice designating categories of health and medical supplies that must not be hoarded or sold for exorbitant prices.
If you have information on hoarding or price gouging of critical supplies, you can report it without leaving your home to the National Center for Disaster Fraud by calling the National Hotline at (866) 720-5721 or by e-mailing [email protected].
Six Former Tribal Officials Plead Guilty to Embezzlement from an Indian Tribal Organization and Aiding and AbettingRead the Press Release
United States Attorney Ron Parsons announced today that all six of the former Crow Creek Sioux Tribe councilmembers charged in the Superseding Indictment have now pleaded guilty to embezzling tribal funds, including two former Chairs of the Crow Creek Sioux Tribe. All of the defendants were charged in federal court for their respective conduct involving Embezzlement & Theft from an Indian Tribal Organization, and Aiding and Abetting.
The final defendant pleaded guilty on March 25, 2020, when Brandon Sazue appeared before U.S. District Judge Roberto A. Lange and pled guilty to the embezzlement and theft charge contained in the Superseding Indictment.
“Crow Creek citizens need to know that their government works and that theft and embezzlement will not be tolerated. This case should go a long way toward restoring that confidence,” said U.S. Attorney Parsons.
According to the Superseding Indictment, in about March 2014 through February 2019, Roland Robert Hawk, Sr., Francine Maria Middletent, Roxanne Lynette Sazue, Jacquelyn Ernestine Pease, and Brandon Sazue embezzled, stole, willfully misapplied, willfully permitted to misapplied, and converted to their own use over $1,000 of monies, funds, credit, goods, assets, and other property belonging to the Crow Creek Sioux Tribe. During times relevant to each defendant’s case, Brandon Sazue served as Chair of the Crow Creek Sioux Tribe, Hawk served as the elected Treasurer of the tribe, Roxanne Sazue was also chair, and Middletent and Grey Owl were elected councilpersons. When not serving in their respective leadership positions, all defendants, except for Brandon Sazue, worked for Hawk in the tribe’s finance office. In their respective leadership roles and employment positions, the defendants had the access and opportunity to the funds that were embezzled from the tribe.
The maximum penalties for each defendant upon conviction are as follows: 5 years imprisonment and/or a $250,000 fine; 3 years of supervised release; $100 to the Federal Crime Victims Fund; and restitution may be ordered. All of the defendants were released on bond pending sentencing.
The investigation is being conducted by the U.S. Attorney’s Office and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
The case was brought pursuant to The Guardians Project, a federal law enforcement initiative to coordinate efforts between participating agencies, to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those who are responsible for adversely affecting those living in South Dakota’s Indian country communities. The Guardians Project is another step of federal law enforcement’s on-going efforts to increase engagement, coordination, and positive action on behalf of tribal communities. Led by the U.S. Attorney’s Office, the participating agencies include: Federal Bureau of Investigation; the Offices of Inspector General for the Departments of Interior, Health and Human Services, Social Security Administration, Agriculture, Transportation, Education, Justice, and Housing and Urban Development; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspector Service; U.S. Postal Service, Office of Inspector General.
For additional information about The Guardians Project, please contact the U.S. Attorney’s Office at (605) 330-4400. To report a suspected crime, please contact law enforcement at the federal agency’s locally listed telephone number.
Sioux Falls Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on March 25, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Cletus Gerald Williams, III, a/k/a C.J. Williams, age 23, was sentenced to 12 months and 1 day in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Williams was indicted by a federal grand jury on December 10, 2019. He pled guilty on January 15, 2020.
Williams was convicted of Sexual Abuse of a Minor in April 2017. As a result of this conviction, he is required to update his registration within three business days of relocation or changing employment. Between September 23, 2019, and October 27, 2019, Williams failed to properly register as a sex offender and update his registration.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Williams was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Failure to RegisterRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on March 25, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Troy Sampson, age 42, was sentenced to 20 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Sampson was indicted by a federal grand jury on August 13, 2019. He pled guilty on January 13, 2020.
Between April 5, 2019, and June 2, 2019, Sampson, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under federal law for Aggravated Sexual Abuse of a Minor, knowingly failed to register and update his registration.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller prosecuted the case.
Sampson was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Failure to RegisterRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on March 25, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Daniel Red Horse, Jr., age 49, was sentenced to 33 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Red Horse was indicted by a federal grand jury on August 13, 2019. He pled guilty on January 13, 2020.
Between June 25, 2019, and August 31, 2019, Red Horse, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under federal law for Sexual Abuse of a Minor and Sexual Contact, knowingly failed to register and update his registration.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller prosecuted the case.
Red Horse was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on March 24, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Cameron Fanning, age 21, was sentenced to time served through May 25, 2020, equal to approximately 12 months, in federal prison, 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Fanning was indicted by a federal grand jury on August 13, 2019. He pled guilty on December 18, 2019.
The conviction stemmed from an incident that occurred on July 25, 2019, in Todd County, South Dakota. On that date, a Rosebud Sioux Tribe Law Enforcement Services (RSTLES) officer encountered Fanning at a convenience store in Rosebud, South Dakota, and arrested him on an outstanding warrant. Fanning, who was seated in the driver seat of a vehicle, refused to comply and drove away. In the process of doing so, he struck the RSTLES officer’s vehicle and another parked vehicle. Fanning subsequently led RSTLES officers on a high-speed pursuit through Todd County, which ended with Fanning’s apprehension near Mission.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Fanning was immediately turned over to the custody of the U.S. Marshals Service.
Cherry Creek Man Sentenced for Failure to RegisterRead the Press Release
United States Attorney Ron Parsons announced that a Cherry Creek, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on March 25, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Andre Marshall, age 35, was sentenced to time served, 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Marshall was indicted by a federal grand jury on August 13, 2019. He pled guilty on January 13, 2020.
Between May 30, 2019, and June 13, 2019, Marshall, being a person required to register under the Sex Offender Registration and Notification Act and a sex offender by reason of conviction, knowingly failed to register and update his registration.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller prosecuted the case. Marshall was released following sentencing.
Cherry Creek Man Indicted on Arson ChargeRead the Press Release
United States Attorney Ron Parsons announced that a Cherry Creek, South Dakota, man has been indicted by a federal grand jury for Arson.
Joshua Adams Hale, age 29, was indicted on March 9, 2020. He waived his personal appearance on March 26, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 25 years in federal prison and/or a $250,000 fine, 4 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on January 9, 2020, at Cherry Creek, in Ziebach County, South Dakota, Hale willfully and maliciously set fire to and burned a building, namely, the Church of Jesus Christ of Latter-Day Saints chapel. The chapel was completely destroyed by the fire.
The charge is merely an accusation and Hale is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Hale was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
St. Francis Man Indicted on Cocaine, Marijuana, and 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 Conspiracy to Distribute Cocaine and Marijuana, and Possession of a Firearm by a Prohibited Person.
Antonio Marshall, age 21, was indicted on March 9, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 13, 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 on beginning on or about the 1st day of January 2017, through the 1st day of March 2018, Marshall 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 January 16, 2018, Marshall, knowing he was an unlawful user of and addicted to a controlled substance, knowingly possessed three firearms.
The charges are merely accusations and Marshall 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.
Marshall was released on bond pending trial. A trial date has not been set.
Sioux Falls Man Charged with Heroin Trafficking Resulting in DeathRead 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 Distribution of a Controlled Substance Resulting in Death, Distribution of a Controlled Substance Resulting in Serious Bodily Injury, and Conspiracy to Distribute a Controlled Substance.
Aaron Anthony Wodzinski, age 23, was indicted on March 9, 2020. He appeared before the Honorable Veronica L. Duffy on March 12, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $1 million fine, life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Beginning on an unknown date and continuing until on or about May 2019, in the District of South Dakota and elsewhere, Wodzinski did knowingly and intentionally combine, conspire, confederate, and agree together, with others known and unknown, to knowingly and intentionally distribute heroin, a Schedule I controlled substance.
On or about April 23, 2018, Wodzinski did knowingly and intentionally distribute heroin, and the distribution of said heroin resulted in the death of Victim #1. Then, on or about May 6, 2019, in the District of South Dakota, Wodzinski did knowingly and intentionally distribute heroin, and the distribution of said heroin resulted in the serious bodily injury of Victim #2.
The charge is merely an accusation and Wodzinski is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Sioux Falls Area Drug Task Force and Drug Enforcement Administration. Assistant U.S. Attorney Jennifer D. Mammenga is prosecuting the case.
Wodzinski was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Sioux Falls Man Charged as Felon in Possession of 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.
Levi Shanteau, age 24, was indicted on March 3, 2020. He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 16, 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 January 30, 2020, Shanteau, who had previously been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly possessed a Taurus semi-automatic pistol, that had been shipped and transported in interstate commerce.
The charge is merely an accusation and Shanteau 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 & Explosives and the Sioux Falls Police Department. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Shanteau was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Sioux Falls Man Charged as Felon in Possession of 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.
Joseph Mogoliolo, age 49, was indicted on March 3, 2020. He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 12, 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, a maximum term of 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on October 24, 2019, Mogoliolo, who had been previously convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly possessed a Ruger, model SR9C, semi-automatic pistol. Said firearm had been shipped and transported in interstate commerce.
The charge is merely an accusation and Mogoliolo 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 & Explosives and the Sioux Falls Police Department. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Mogoliolo was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mt. Vernon Woman Sentenced to 30 Months for Health Care FraudRead the Press Release
United States Attorney Ron Parsons announced a Mt. Vernon, South Dakota, woman was sentenced on March 16, 2020, by U.S. District Judge Karen E. Schreier.
Nancy Tingle, age 54, of, was sentenced to 30 months in federal prison as a result of her conviction for Health Care Fraud. Following her release from custody, Tingle will serve 3 years of supervised release. She was also ordered to pay restitution in the amount of $462,811.55 and a special assessment of $100.
According to court documents, between on or about 2012 and continuing until the Fall of 2018, Tingle worked as the business office manager at Firesteel Healthcare Community in Mitchell, South Dakota. Tingle defrauded Firesteel Healthcare Community out of Medicaid funds intended for Firesteel Healthcare Community. She knew that she was not authorized to receive the funds and fraudulently used them for personal items and expenditures. The loss attributable to Tingle’s fraudulent conduct exceeded $467,000. She also failed to pay taxes on the taxable income that she obtained through fraud, resulting in over $100,000 in unpaid taxes.
The investigation was conducted by the U.S. Department of Health and Human Services – Office of the Inspector General, Office of Investigations. The case was prosecuted by Assistant U.S. Attorney Jeremy Jehangiri.
Tingle was released on bond and ordered to self-surrender to the U.S. Marshals Service to begin her sentence in 60 days.