District of South Dakota
Press releases recorded for this federal judicial district.
Rapid City Man Charged with Unlawful Possession of a FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man was charged in federal district court with Possession of a Firearm by a Prohibited Person.
Lawrence Bocanegra, age 39, was charged on October 22, 2019. Bocanegra appeared before U.S. Magistrate Judge Daneta Wollmann on November 1, 2019, and pleaded not guilty to the charge.
The maximum penalty upon conviction is 10 years in federal prison and/or a $250,000 fine, 3 years supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Bocanegra, a previously convicted felon who is prohibited from possessing firearms, unlawfully possessing a semi-automatic pistol in September 2019 at Rapid City. The charge is merely an accusation and Bocanegra is presumed innocent until and unless proven guilty.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
Bocanegra was detained pending trial. A trial date has not been set.
Rapid City Man Charged with Possession with Intent to Distribute Methamphetamine and Unlawful Possession of a FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man was charged in federal district court with Possession with Intent to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person.
Jerry Gorisek, age 48, was charged on September 10, 2019. Gorisek appeared before U.S. Magistrate Judge Daneta Wollmann on November 1, 2019, and pleaded not guilty to the charge. The penalty upon conviction is a minimum of 5 years up to 40 years’ in federal prison and/or a $5,000,000 fine, at least 4 years up to life supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Gorisek, possessing with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, and unlawfully possessing a revolver in July 2019 at Rapid City. The charge is merely an accusation and Gorisek 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.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
Gorisek was detained pending trial. A trial date has not been set.
Rapid City Man Charged with Failure to RegisterRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Failure to Register.
Titus Leading Cloud, age 30, appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in a federal prison, a mandatory minimum term of 5 years up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between March 21, 2019, and October 22, 2019, Leading Cloud, 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, did knowingly fail to register and update his registration.
The charge is merely an accusation and Leading Cloud is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Cassandra DeCoste is prosecuting the case.
Leading Cloud was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for January 7, 2020.
Porcupine Man Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Porcupine, South Dakota, man has been indicted by a federal grand jury for Assault on a Federal Officer.
Shane Kills Back, age 20, appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 8 years in prison, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Kills Back striking a female officer in the face with a fist on April 5, 2019, in Porcupine.
The charge is merely an accusation and Kills Back is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs - Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Cassandra DeCoste is prosecuting the case.
Kills Back was released on bond pending trial. A trial date has been set for January 7, 2020.
Sisseton Man Sentenced to 120 Months in Federal Prison for Abusive Sexual ContactRead the Press Release
United States Attorney Ron Parsons announced that a Sisseton, South Dakota, man convicted of abusive sexual contact was sentenced on November 5, 2019, by U.S. District Judge Charles B. Kornmann.
Storm Gaylord Blue, age 25, was sentenced to 120 months in federal prison, to be followed by 20 years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.
According to court documents, between on or about October 9 and 10, 2017, in Roberts County, Blue forcefully engaged in and attempted to engage in sexual contact with a juvenile victim. Blue had the intent to abuse, humiliate, harass, and degrade the victim and engaged in such sexual contact to arouse and gratify his sexual desires.
The investigation was conducted by the Federal Bureau of Investigation and the Sisseton-Wahpeton Oyate Law Enforcement. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Blue was remanded to the custody of the U.S. Marshals Service.
Rapid City Woman Sentenced to 14 Years for Conspiracy to Distribute MethamphetamineRead 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 on November 1, 2019, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Roxanne Barton, age 36, was sentenced to 14 years in federal prison, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
From approximately June 2016 through June 2018, Barton was involved in a conspiracy responsible for distributing over 500 grams of methamphetamine in the Rapid City area.
This case was investigated by the South Dakota Division of Criminal Investigation, the Unified Narcotics Enforcement Team, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case. Additional co-conspirators are pending trials. Several other co-conspirators have already been sentenced.
Barton 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 November 4, 2019, by U.S. District Judge Roberto A. Lange.
Trevor Red Bird, age 31, was sentenced to 24 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 Bird was indicted by a federal grand jury on June 11, 2019. He pled guilty on August 27, 2019.
Red Bird was convicted of Abusive Sexual Contact in U.S. District Court in May 2008. As a result of this conviction, Red Bird is required to register as a sex offender. In April 2019, Red Bird was on federal supervised release and was properly registered and residing in Rapid City. On April 7, 2019, Red Bird moved from his registered address but did not update his registration. An arrest warrant was subsequently issued and on June 26, 2019, Red Bird was arrested at a residence in St. Francis, South Dakota.
This case was investigated by the U.S. Marshals Service and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Red Bird was immediately turned over to the custody of the U.S. Marshals Service.
Peever Man Sentenced to 240 Months for Abusive Sexual Contact and Felony Child AbuseRead the Press Release
United States Attorney Ron Parsons announced that a Peever, South Dakota, man convicted of abusive sexual contact was sentenced on November 4, 2019, by U.S. District Judge Charles B. Kornmann.
Thomas Dion DeMarrias, age 47, was sentenced to 240 months in federal prison, to be followed by 5 years of supervised release. He was also ordered to pay $200 to the Federal Crime Victims Fund.
According to court documents, between on or about May 9, 2010, and continuing through on or about May 8, 2011, in Roberts County, DeMarrias forcefully engaged in and attempted to engage in sexual contact with a juvenile victim, that is, sexual contact, by using force. DeMarrias had the intent to abuse, humiliate, harass, and degrade the victim and had the intent to arouse and gratify his sexual desires.
Between on or about June 22, 2009, and continuing through on or about June 21, 2011, in Roberts County, DeMarrias abused, tortured, and cruelly punished a child by using a dangerous weapon during and in relation to such conduct.
“This defendant tortured and sexually abused his child victims in what can only be described as a house of horrors,” said U.S. Attorney Parsons. “He deserves every day of this lengthy federal prison sentence.”
The investigation was conducted by the Federal Bureau of Investigation and the Sisseton-Wahpeton Oyate Sioux Tribal Law Enforcement. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
DeMarrias was remanded to the custody of the U.S. Marshals Service.
Parker Man Sentenced for Seven Counts of Willful Failure to File Tax ReturnsRead the Press Release
United States Attorney Ron Parsons announced that a Parker, South Dakota, man convicted of Willful Failure to File Tax Returns was sentenced on November 4, 2019, by U.S. District Judge Karen E. Schreier.
Dale Edward Buller, age 71, was sentenced to time served, 5 years of supervised release, $1,000 fine, $305,922.40 in restitution, and a special assessment to the Federal Crime Victims Fund in the amount of $175.
Buller was indicted by a federal grand jury on December 5, 2017. He pled guilty on November 5, 2018.
Buller, a retired farmer from Turner County, willfully failed to file tax returns with the Internal Revenue Service for calendar years 2010 through 2016. During those years, Buller received gross income from the rental of agricultural and pasture land. He was required by law to make and file income tax returns with the Internal Revenue Service, stating specifically the items of gross income. Buller attempted to conceal the income by claiming the land was owned by a Trust. However, because Buller controlled the Trust and all of the assets, all of the income was taxable.
This case was investigated by the Internal Revenue Service. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Nebraska Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that a Smithfield, Nebraska, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on November 4, 2019, by U.S. District Judge Roberto A. Lange.
Marcitta Connors, age 25, was sentenced to 300 months in federal prison, followed by 6 years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Connors was indicted by a federal grand jury on September 11, 2018. She pled guilty on August 19, 2019.
The conviction stemmed from a drug conspiracy that occurred between January 1, 2015, and September 11, 2018. During the course of this conspiracy, Connors knowingly and intentionally conspired with others to distribute and possess with the intent to distribute methamphetamine on the Rosebud Sioux Indian Reservation in South Dakota. Connors worked with others in Nebraska and elsewhere to bring pounds of methamphetamine per trip onto the reservation where it was distributed by Connors and others. This conspiracy involved between 15 kilograms and 45 kilograms of methamphetamine. Also, during the course of the conspiracy, many firearms were traded between Connors and others for methamphetamine.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case was investigated by the Federal Bureau of Investigation, Rosebud Sioux Tribe Law Enforcement Services, Northern Plains Safe Trials Drug Enforcement Task Force, South Dakota Highway Patrol, Nebraska State Patrol, and the Lexington Police Department. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Connors was immediately turned over to the custody of the U.S. Marshals Service.
Mission Woman Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, woman convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on November 4, 2019, by U.S. District Judge Roberto A. Lange.
Lee Ann Stenstrom a/k/a LeeAnn Stenstrom, age 36, was sentenced to 36 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.
Stenstrom was indicted by a federal grand jury on February 13, 2019. She pled guilty on August 12, 2019.
The conviction stemmed from an incident that occurred in Mission on December 26, 2018. On that date, Stenstrom approached a Rosebud Sioux Tribe Law Enforcement Services Officer at a convenience store and said she wanted to report a crime. The officer detected the odor of alcohol on Stenstrom, and asked to get a statement from Stenstrom outside the store. Stenstrom agreed. Once outside, Stenstrom got in the driver’s seat of a parked vehicle. The officer, concerned that Stenstrom was intoxicated, told her not to start the vehicle and attempted to take the keys from the ignition. Stenstrom then started the vehicle and backed up, knocking the officer down, and then drove away. She was arrested later that day at a residence in Mission.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Stenstrom was immediately turned over to the custody of the U.S. Marshals Service.
Marty Man and Yankton Man Sentenced for Kidnapping and Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Ron Parsons announced that a Marty, South Dakota, man convicted of Kidnapping was sentenced on November 4, 2019, by U.S. District Judge Karen E. Schreier.
Gavin Little, age 23, was sentenced to 210 months in federal prison, followed by 4 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
U.S. Attorney Ron Parsons also announced that a Yankton, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on November 4, 2019, by U.S. District Judge Karen E. Schreier.
Christian Garcia, age 25, 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
Little and Garcia were indicted by a federal grand jury on January 8, 2019. Both defendants pled guilty on August 15, 2019.
On November 25, 2018, Little and Garcia, along with two juveniles, assaulted an adult male, Keith Cournoyer, at a home in east housing of Marty, on the Yankton Sioux Indian Reservation. After the man was severely beaten and unconscious, Little loaded him into a vehicle and left the scene. A high-speed chase ensued near Greenwood before Little abandoned the vehicle and fled away on foot. Tribal officers found Cournoyer in the back of the vehicle, unconscious. He was flown to Sioux Falls for emergency medical treatment.
The investigation was conducted by the Yankton Sioux Tribe Law Enforcement and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Jeffrey C. Clapper.
Little and Garcia were immediately turned over to the custody of the U.S. Marshals Service.
Indiana Woman Sentenced for Drug TraffickingRead the Press Release
United States Attorney Ron Parsons announced that a Bloomington, Indiana, woman convicted of Conspiracy to Distribute Marijuana was sentenced on November 4, 2019, by U.S. District Judge Roberto A. Lange.
Sarah Worthman, age 26, was sentenced to time served as of December 2, 2019, (125 days), followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Worthman was indicted by a federal grand jury on March 5, 2019. She pled guilty on August 19, 2019.
The conviction stemmed from an incident on February 21, 2019, where Worthman, and co-defendant Branden Lee, were stopped by law enforcement for speeding on the Cheyenne River Sioux Indian Reservation while driving a U-Haul truck. The traffic stop uncovered approximately 150 pounds of marijuana hidden in couches in the cargo hold. Lee had purchased the marijuana in California and was planning to distribute it in and around Chicago, Illinois.
Lee previously pled guilty to Possession with Intent to Distribute Marijuana and was sentenced to 60 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.
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.
Allen Man Charged with Sexual Exploitation of a MinorRead the Press Release
United States Attorney Ron Parsons announced that an Allen, South Dakota, man has been indicted by a federal grand jury for Sexual Exploitation of a Minor, Receipt of Child Pornography, Distribution of Child Pornography, Sexual Abuse of a Minor, and Transfer of Obscene Material to a Minor.
Stacey Garnette, a/k/a Stacy Garnette, age 41, appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to 30 years in a federal prison, up to life of supervised release, and $700 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Garnette recording a minor female engaged in sexually explicit conduct and sending it via Facebook Messenger with his cellular phone connected to the Internet. Garnette is also alleged to have engaged in a sexual act with this juvenile female between May 2018 and January 2019, at a time when she had not attained the age of 16 years.
The charges are merely accusations and Garnette is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Oglala Sioux Tribe Department of Public Safety and the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen is prosecuting the case.
Garnette was released pending trial, which has been set for December 31, 2019.
Yankton Man Charged with Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Ron Parsons announced that a Yankton, South Dakota, man has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury.
Robert Desersa, age 33, appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 10 years in federal prison, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Desersa assaulting another male in Sunrise Housing at Martin, South Dakota, on September 17, 2019. This assault resulted in serious bodily injury to the male.
The charge is merely an accusation and Desersa is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Martin Police Department and the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen is prosecuting the case.
Desersa was remanded to the custody of the U.S. Marshals Service pending trial. A trial date will be set.
Sioux Falls Man Indicted on Meth and Gun ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person.
Patrick Cummings, age 33, was indicted on October 16, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 31, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 40 years in prison and/or a $5,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund for each Count. Restitution may also be ordered.
The Indictment alleges that on July 4, 2019, Cummings knowingly and intentionally possessed with the intent to distribute methamphetamine, and knowing he had been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly received and possessed a Smith & Wesson .380 AUTO caliber, semi-automatic pistol.
The charges are merely accusations and Cummings 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.
The investigation is being conducted by the South Dakota Highway Patrol and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Cummings was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rapid City Man Sentenced on Child Pornography ConvictionRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Possession of Child Pornography was sentenced on October 25, 2019, by Karen E. Schreier, U.S. District Court Judge.
Jeremiah Richards, age 35, was sentenced to 4 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 and an additional $5,000 special assessment to the Victim of Human Trafficking Act of 2015.
The conviction stemmed from Richards possessing multiple child pornography videos and images on his cellular phone.
The investigation was conducted by the Internet Crimes Against Children Taskforce. Assistant U.S. Attorney Sarah Collins prosecuted the case.
Richards was immediately remanded to the custody of the U.S. Marshals Service.
Whitewood Man Sentenced for Unlawfully Guiding HuntsRead the Press Release
United States Attorney Ron Parsons announced that a Whitewood, South Dakota, man convicted of committing federal wildlife violations of the Lacey Act was sentenced on October 28, 2019, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Everett T. Mackaben, Jr., was sentenced to 2 years of probation, during which the court ordered revocation of all hunting privileges. The court ordered Mackaben to pay $26,825 in restitution to the Oglala Sioux Tribe Parks and Recreation Authority, a $10,000 fine, and a $100 special assessment to the Federal Crime Victims Fund.
“The illegal, commercial exploitation of Tribal lands is a serious issue,” said U.S. Attorney Parsons. “Our office will continue to work with the Oglala Sioux Tribe and all of the Tribal governments across South Dakota to aggressively pursue these cases.”
Mackaben was indicted for violating the Lacey Act by a federal grand jury on April 17, 2018. He pleaded guilty on July 8, 2019.
The offense involved Mackaben acting as a commercial guide for out-of-state deer hunters. Mackaben regularly guided the non-resident hunters on hunts on land within Oglala Lakota County, managed by the Oglala Sioux Tribe Parks and Recreation Authority. The hunters paid Mackaben for guiding and assisting in obtaining hunting licenses. Mackaben would regularly assist the hunters in obtaining licenses to hunt in other areas that did not include Oglala Lakota County, but then guided the hunts on land within that county. After deer were illegally taken in violation of tribal and state law, Mackaben also would arrange shipment of deer to the hunters’ home states.
This case was investigated by the U.S. Fish & Wildlife Service and the Oglala Sioux Tribe Parks and Recreation Authority. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Mackaben was released to begin serving his term of probation.
Wakpala Woman Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Wakpala, South Dakota, woman has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Alyssa Briggs, age 29, was indicted on October 16, 2019. She appeared before U.S. Magistrate Judge William D. Gerdes on October 28, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in federal prison and a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on September 25, 2019, Briggs did forcibly assault, resist, oppose, impede, intimidate, and interfere with Bureau of Indian Affairs officers while the officers were engaged in their official duties, and said conduct involved physical contact and use of a dangerous weapon that is shod feet.
The charge is merely an accusation and Briggs is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Kirsten Jasper is prosecuting the case.
Briggs was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Sioux Falls Man Sentenced for Conspiracy to Distribute a Controlled SubstanceRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on October 21, 2019, by U.S. District Judge Karen E. Schreier.
Michael Bernard Goldberg, age 36, was sentenced to 132 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Goldberg was indicted by a federal grand jury on September 5, 2018. He pled guilty on August 8, 2019.
The conviction stemmed from incidents beginning on an unknown date and continuing until approximately September 2018, when Goldberg, along with at least one other person, reached an agreement or came to an understanding to distribute 500 grams or more of a mixture or substance containing methamphetamine in the District of South Dakota.
Goldberg purchased over 500 grams of methamphetamine from co-conspirators to distribute to his own drug customers in Sioux Falls.
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.
Goldberg was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Convicted on Child Pornography ChargesRead the Press Release
United States Attorney Ron Parsons announced that Kevin Allen Lamm, a/k/a Mike Malone, age 35, of Sioux Falls, South Dakota, was found guilty of Possessing, Distributing, and Producing Child Pornography as a result of a federal jury trial in Sioux Falls, South Dakota.
The charges carry a maximum penalty of 50 years in federal prison and/or a $250,000.00 fine, lifetime of supervised release, and a $300 special assessment to the Federal Crime Victims Fund.
Lamm was indicted by a federal grand jury on May 9, 2017.
The charges stemmed from incidents between January 12, 2017, and April 27, 2017, when Lamm knowingly received and possessed child pornography. The investigation also revealed that Lamm created a fake Facebook account and used it to persuade a 14 year-old girl in another state to send sexually explicit photographs to him using Facebook Messenger. When law enforcement searched his Sioux Falls apartment, they found child pornography on a digital memory card.
This case was investigated by the Department of Homeland Security. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
A presentence investigation was ordered and Lamm is scheduled to be sentenced on January 13, 2020. The defendant was remanded to the custody of the U.S. Marshals Service.
North Dakota Man Charged with Domestic Assault by an Habitual OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Selfridge, North Dakota, man has been indicted by a federal grand jury for Domestic Assault by an Habitual Offender.
Vincent Carry Moccasin, Jr., age 52, was indicted on October 16, 2019. He appeared before U.S. Magistrate Judge William D. Gerdes on October 28, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 3, 2019, Carry Moccasin Jr. unlawfully committed a domestic assault when at the time, he had at least two separate prior final convictions for domestic assaults in Standing Rock Sioux Tribal Court.
The charge is merely an accusation and Carry Moccasin Jr. is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Kirsten Jasper is prosecuting the case.
The defendant was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Illinois Woman Sentenced for Distribution of a Controlled Substance Resulting in DeathRead the Press Release
United States Attorney Ron Parsons announced that a Chicago, Illinois, woman convicted of Distribution of a Controlled Substance Resulting in Death was sentenced on October 28, 2019, by U.S. District Judge Karen E. Schreier.
Stephanie Broecker, age 27, was sentenced to 240 months in federal prison, followed by 3 years of supervised release, $3,655 in restitution, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Broecker was indicted by a federal grand jury on April 4, 2018. She pled guilty on December 10, 2018.
The conviction stemmed from an incident on or about November 16, 2017, when Broecker mailed heroin from Rockford, Illinois, to a drug customer of hers in Fedora, South Dakota, utilizing the U.S. Postal Service. The drug customer received the U.S. Postal parcel that contained the heroin on November 18, 2017, in South Dakota. Witnesses reported that he ingested the heroin from the mail parcel that day and into the early morning hours of November 19, 2017, before dying of a drug overdose on November 19th. The Minnehaha County Coroner determined that man’s death was caused by heroin toxicity.
This case was investigated by the U.S. Postal Service, the Miner County Sheriff’s Office, and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Broecker was immediately turned over to the custody of the U.S. Marshals Service.
Ft. Pierre Woman Indicted for Theft of Federal FundsRead the Press Release
United States Attorney Ron Parsons announced today a Ft. Pierre, South Dakota, woman has been indicted by a federal grand jury for Theft from a Program Receiving Federal Funds.
Pamela Duncan, age 52, was indicted on October 16, 2019. She appeared before U.S. Magistrate Judge Mark A. Moreno on October 28, 2019, 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 between January 2017 and August 2018, while she was employed as an agent of the United Sioux Tribes of South Dakota Development Corporation (USTDC), Duncan did embezzle, steal, obtain by fraud, and intentionally misapply property of USTDC, an organization receiving Federal funds.
The charge is merely an accusation and Duncan is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the U.S. Attorney’s Office. Assistant U.S. Attorney Michael J. Elmore is prosecuting the case.
The case was brought as part of The Guardians Project, a federal law enforcement initiative to coordinate efforts between participating agencies, to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those who are responsible for adversely affecting those living in South Dakota’s Indian country communities. The Guardians Project is another step of federal law enforcement’s on-going efforts to increase engagement, coordination, and positive action on behalf of tribal communities. Led by the U.S. Attorney’s Office, the participating agencies include: Federal Bureau of Investigation; the Offices of Inspector General for the Departments of Interior, Health and Human Services, Social Security Administration, Agriculture, Transportation, Education, Justice, and Housing and Urban Development; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspector Service; U.S. Postal Service, Office of Inspector General.
For additional information about the Guardians Project, please contact the U.S. Attorney’s Office at (605) 330-4400. To report a suspected crime, please contact law enforcement at the federal agency’s locally listed telephone number.
Colorado Man Sentenced to 25 Years for Conspiracy to Distribute MethRead the Press Release
United States Attorney Ron Parsons announced that an Aurora, Colorado, man convicted by virtue of guilty pleas to Conspiracy to Distribute a Controlled Substance and Brandishing a Firearm During and In Relation to a Drug Trafficking Crime was sentenced on October 28, 2019, Chief Judge Jeffrey L. Viken, U.S. District Court.
Dana Gene Faulkner, age 41, was sentenced to 25 years in prison, followed by 5 years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.
From May 2017 through August 2017, Faulkner transported and arranged transportation of 15-45 kilograms of methamphetamine to South Dakota from Colorado. He then had multiple sub-distributors who dealt the methamphetamine in the Rapid City area. To further his drug distribution activities, Faulkner frequently brandished a firearm. When he was arrested in August 2017, Faulkner had in his possession a Taurus firearm, which was forfeited.
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 the Department’s 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 was investigated by the Unified Narcotics Enforcement Team (UNET), and Bureau of Alcohol, Tobacco, Firearms, and Explosives. UNET is comprised of law enforcement from the Pennington County Sheriff’s Office, Rapid City Police Department, South Dakota Division of Criminal Investigation, and the South Dakota National Guard. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case. Multiple co-conspirators have already been sentenced and two more remain pending sentencing.
Faulkner was immediately turned over to the custody of the U.S. Marshals Service.
Sanford Health Entities to Pay $20.25 Million to Settle False Claims Act Allegations Regarding Kickbacks and Unnecessary Spinal SurgeriesRead the Press Release
The Department of Justice announced today that hospital entities Sanford Health, Sanford Medical Center, and Sanford Clinic (collectively, Sanford), of Sioux Falls, South Dakota, have agreed to pay $20.25 million to resolve False Claims Act allegations that they knowingly submitted false claims to federal healthcare programs resulting from violations of the Anti-Kickback Statute and medically unnecessary spinal surgeries. The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid, and other federally-funded programs.
“Kickbacks can compromise a physician’s medical judgment, result in unnecessary procedures, and increase healthcare costs for everyone,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “We will continue to hold healthcare providers accountable when they violate the rules intended to safeguard the integrity of federal healthcare programs and the welfare of their beneficiaries.”
The settlement announced today resolves allegations that Sanford knew that one of its top neurosurgeons was improperly receiving kickbacks from his use of implantable devices distributed by his physician-owned distributorship (POD). Sanford allegedly received warnings from the neurosurgeon’s physician colleagues and others about the alleged kickback scheme and was aware of the heightened compliance risks associated with PODs. In addition, the neurosurgeon’s colleagues and others repeatedly warned Sanford that the neurosurgeon was performing medically unnecessary procedures involving the devices in which he had a substantial financial interest. The United States alleged that, despite these repeated warnings, Sanford continued to employ the neurosurgeon, continued to allow him to profit from the devices he used in surgeries performed at Sanford, and continued to submit claims to federal healthcare programs for these surgeries, including procedures that were medically unnecessary.
“Kickback schemes and other improper financial incentives create inherent conflicts of interest and warp the medical decision-making process,” said U.S. Attorney Ron Parsons for the District of South Dakota. “This office will continue to aggressively pursue anyone who colludes to violate federal law and compromise the integrity of our healthcare system.”
Contemporaneous with the civil settlement, Sanford entered into a Corporate Integrity Agreement (CIA) with the Department of Health and Human Services Office of Inspector General. The CIA requires, among other things, that Sanford maintain a compliance program, implement a risk assessment program, and hire an Independent Review Organization to review Medicare and Medicaid claims at Sanford Medical Center. It also increases individual accountability by requiring compliance-related certifications from Sanford Medical Center’s board of directors and key executives.
“More than six years ago the Department of Health and Human Services Office of the Inspector General warned in a fraud alert that PODs were inherently suspect under the Anti-Kickback Statute. Unfortunately, these distributors remain questionable,” said Curt L. Muller, Special Agent in Charge, Office of Inspector General at the U.S. Department of Health and Human Services (HHS-OIG). “Patients in government healthcare programs rightly expect that surgeries are medically indicated, not performed to increase provider profits.”
The settlement resolves allegations originally brought in a lawsuit filed by Drs. Carl Dustin Bechtold and Bryan Wellman, surgeons at Sanford, under the whistleblower, or qui tam, provision of the False Claims Act, which allows private parties to bring suit on behalf of the government and to share in any recovery. The whistleblowers will receive $3.4 million of the settlement proceeds.
The settlement was the result of an investigation by the Department of Justice’s Civil Division, the U.S. Attorney’s Office for the District of South Dakota, and HHS-OIG. As part of the settlement, Sanford has agreed to cooperate with the Department of Justice in litigation related to alleged co-defendants, and the hospital system has taken various remedial steps, including terminating the employment of the neurosurgeon in question and prohibiting all Sanford physicians from profiting from their use of medical devices at Sanford.
The lawsuit is captioned United States ex rel. Bechtold, et al. v. Asfora, et al., No. 4:16-cv-04115-LLP (D.S.D.). The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Yankton Woman Sentenced for Theft of Government FundsRead the Press Release
United States Attorney Ron Parsons announced that a Yankton, South Dakota, woman convicted of Theft of Government Funds was sentenced on October 21, 2019, by U.S. District Judge Karen E. Schreier.
Whitney Lynn Clark, age 37, was sentenced to 2 years of probation, $78,775.33 in restitution, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Clark was indicted by a federal grand jury on December 4, 2018. She pled guilty on July 25, 2019.
The conviction stemmed from false claims Clark made on applications for Social Security benefits on behalf of her children between August 2014 and November 2017. On the applications, Clark failed to disclose her husband's income. This omission led to an overpayment of $78,775.33 in Social Security, Supplemental Nutrition Assistance Program (SNAP) benefits, and Medicaid payments.
This case was investigated by the Social Security Administration. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
St. Francis Man Sentenced for LarcenyRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, man convicted of Larceny was sentenced on October 21, 2019, by U.S. District Judge Roberto A. Lange.
Joseph Abraham Mack, a/k/a Joseph Mack, Jr., age 27, was sentenced to 15 months in federal prison, followed by 2 years of supervised release, $1,250 in restitution, and a special assessment to the Federal Crime Victims Fund in the amount of $100. Additional restitution may apply.
Mack was indicted by a federal grand jury on March 13, 2018. He pled guilty on July 31, 2019.
The conviction stemmed from an incident that occurred in the early morning hours of January 14, 2018. On that date, Mack unlawfully entered a residence in Mission, South Dakota. While inside, Mack stole a silver belt buckle and the keys to a pickup truck that was parked outside. Mack then stole the pickup truck and drove away. He wrecked the pickup near Rosebud, South Dakota, and abandoned it in the middle of the roadway. Mack then walked to a nearby residence, stole another pickup, and then drove to a residence in St. Francis, where he was apprehended a short time later.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Mack was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Woman Sentenced for Misuse by a Representative PayeeRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, woman convicted of Misuse by a Representative Payee was sentenced on October 21, 2019, by U.S. District Judge Karen E. Schreier.
Pamela Ann Olson, age 47, was sentenced to 6 months of probation, $113,227.53 in restitution, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Olson was indicted by a federal grand jury on December 4, 2018. She pled guilty on August 12, 2019.
The conviction stemmed from incidents between November 2009 and December 2017, in the District of South Dakota and elsewhere, when Olson, who was her father’s representative payee, willfully and knowingly converted Title II program benefits payments made to her father, which are administered by the U.S. Social Security Administration, to a use other than for the benefit of her father. Olson received her father’s Social Security benefits payments, and then stole and misused those benefits payments.
This case was investigated by the Social Security Administration, Office of the Inspector General. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
Sex Offender Sentenced to 12 Months of Imprisonment for Failing to RegisterRead the Press Release
United States Attorney Ron Parsons announced that a Marty, South Dakota, man convicted of failure to register as a sex offender was sentenced on October 21, 2019, by U.S. District Judge Karen E. Schreier.
Raymond Jandreau, age 61, was sentenced to 12 months and 1 day in federal prison, to be followed by 5 years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.
According to court documents, Jandreau was convicted of attempted first-degree rape in South Dakota state court. This conviction requires him to register for life as a sex offender. Since July 1, 2016, Jandreau’s whereabouts were unknown until his arrest in May 2019. His last known address was in Farmington, New Mexico, but that residence was vacated with no sign of Jandreau. His last known address in South Dakota was in Marty. Jandreau knew of the requirement to update his sex offender registration, but he knowingly failed to do so.
The investigation was conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Jandreau was remanded to the custody of the U.S. Marshals Service.
Rosebud Man Indicted on Firearm ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person and False Statements During Purchase of a Firearm.
John Larvie, age 29, was indicted on October 16, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 24, 2019, 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 July 22, 2019, Larvie, having been convicted of a misdemeanor crime of domestic violence, did knowingly make false and fictitious written statements in an effort to purchase and possess a firearm.
The charges are merely accusations and Larvie is presumed innocent until and unless proven guilty.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, and Firearms. Assistant U.S. Attorney Michael Elmore is prosecuting the case.
Larvie was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set
Rosebud Man Indicted for Aggravated Sexual Abuse of a ChildRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child.
Phillip Little Hoop, age 37, was indicted on September 10, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 25, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in prison and/or a $250,000 fine, 5 years up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 25, 2019, Little Hoop knowingly engaged in, and attempted to engage in, a sexual act with a child under the age of 12.
The charge is merely an accusation and Little Hoop is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Little Hoop was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Red Scaffold Man Charged with Burglary and Sex AbuseRead the Press Release
United States Attorney Ron Parsons announced that a Red Scaffold, South Dakota, man has been indicted by a federal grand jury for Second Degree Burglary and Sexual Abuse of a Person Incapable of Consent.
William Collins, age 39, was indicted on October 16, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 23, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $250,000 fine, a minimum of 5 years and up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on March 23, 2019, Collins entered the residence of an individual and knowingly engaged in and attempted to engage in a sexual act with the individual who at the time was incapable of appraising the nature of the conduct, and was physically incapable of declining participation in and communicating an unwillingness to engage in the sexual act.
The charges are merely accusations and Collins is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Collins was released on bond pending trial. A trial date has not been set.
Rapid City Man Indicted for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Bradley Makes Room For Them, age 34, was indicted on October 17, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 24, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Makes Room For Them was convicted of Aggravated Sexual Abuse in September 2003. As a result of this conviction, he is required to register as sex offender. It is alleged that between September 9, 2019, and September 29, 2019, Makes Room For Them, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender and update his registration.
The charge is merely an accusation and Makes Room For Them is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Makes Room For Them was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Pierre Man Indicted on Methamphetamine ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Pierre, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.
Charles Olson, a/k/a Chip Olson, age 48, was indicted on October 16, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 25, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in prison and/or a $5,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund for each Count. Restitution may also be ordered.
The Indictment alleges that between December 1, 2018, and October 16, 2019, Olson did knowingly and intentionally, combine, conspire, confederate, and agree with persons known and unknown, to knowingly and intentionally distribute and possess with intent to distribute 500 grams or more methamphetamine. Further, on June 23, 2019, a traffic stop was conducted wherein 236 grams of methamphetamine was located in the vehicle.
The charge is merely an accusation and Olson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and the South Dakota Highway Patrol. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Olson was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Parmelee Man and Woman Indicted for Child Abuse; Man also Indicted for Involuntary ManslaughterRead the Press Release
United States Attorney Ron Parsons announced that a man and a woman from Parmelee, South Dakota, have been indicted by a federal grand jury for Child Abuse. The man has also been indicted by a federal grand jury for Involuntary Manslaughter.
Dakota Horned Eagle, age 29, and Ashley Stoneman, age 25, were indicted on July 23, 2019. Horned Eagle appeared before U.S. Magistrate Judge Mark A. Moreno on August 22, 2019, and Stoneman appeared on October 25, 2019. Both pled not guilty to the Indictment.
The maximum penalty upon conviction for Child Abuse is up to 15 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The maximum penalty upon conviction for Involuntary Manslaughter is up to 8 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on July 12, 2019, Horned Eagle and Stoneman did abuse, expose, torture, torment, and cruelly punish six children. The Indictment further alleges that Horned Eagle unlawfully killed two of the children while operating a motor vehicle, in a grossly negligent manner.
The charges are merely accusations and Horned Eagle and Stoneman are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Horned Eagle and Stoneman were remanded to the custody of the U.S. Marshals Service pending trial, which has been set for December 17, 2019.
Mission Woman Sentenced for Possession with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, woman convicted of Possession with Intent to Distribute Methamphetamine was sentenced on October 21, 2019, by U.S. District Judge Roberto A. Lange.
Alicia Medicine Eagle, age 39, was sentenced to time served equal to 114 days in custody, 3 years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100. Medicine Eagle will also forfeit all interest in $340 which was seized at the time of arrest.
Medicine Eagle was indicted by a federal grand jury on March 13, 2019. She pled guilty on July 22, 2019.
The conviction stemmed from an incident on October 14, 2016, where Medicine Eagle knowingly and intentionally possessed methamphetamine with the intent to distribute it to others on the Rosebud Sioux Tribe Reservation.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Cameron Cook prosecuted the case.
Mission Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine was sentenced on October 22, 2019, by U.S. District Judge Roberto A. Lange.
Cole Emery, age 25, was sentenced to 72 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.
Emery was indicted by a federal grand jury on December 11, 2018. He pled guilty on July 31, 2019.
The conviction stemmed from an incident beginning at a time unknown but no later than on or about December 1, 2017, and continuing to on or about December 11, 2018, where Emery conspired with others to possess with intent to distribute 500 grams or more of methamphetamine on the Rosebud Sioux Indian Reservation.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Emery was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Assault and Witness TamperingRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Assault by Striking, Beating, and Wounding and Witness Tampering was sentenced on October 23, 2019, by U.S. District Judge Roberto A. Lange.
Edward Leon Wilson, a/k/a Eddie Wilson, age 37, was sentenced to 21 months in federal prison, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $125.
Wilson was indicted by a federal grand jury on October 16, 2018. He pled guilty on July 31, 2019.
The conviction for Assault by Striking, Beating, and Wounding stemmed from an incident that occurred in Mission on September 16, 2018. On that date, Wilson and the victim got into an argument at the residence they shared. The argument became physical and Wilson struck the victim.
The conviction for Witness Tampering stemmed from conduct that occurred after Wilson made his initial appearance in U.S. District Court. Between December 2018 and June 2019, Wilson repeatedly contacted the victim and asked her to change her description of the September 16, 2018, incident and further asked that she to refuse to testify against him.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Wilson was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Assault with a Dangerous WeaponRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Assault With a Dangerous Weapon was sentenced on October 21, 2019, by U.S. District Judge Roberto A. Lange.
Francis Dog Soldier, age 37, was sentenced to 40 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.
Dog Soldier was indicted by a federal grand jury on September 11, 2018. He pled guilty on July 22, 2019.
The conviction stemmed from an incident that occurred on the evening of May 4, 2018, in Rosebud, South Dakota. On that date, Dog Soldier was drinking and socializing with a group of individuals at the victim’s residence. At one point, Dog Soldier and the victim got into an argument. Dog Soldier then assaulted the victim and kicked him multiple times in the chest and face with shod feet. Dog Soldier then fled the area, and was apprehended a short time later by law enforcement near Okreek, South Dakota.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Dog Soldier was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Indicted on Assault and Child Abuse ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Assault By Strangulation and Suffocation, Child Abuse, and Domestic Assault by an Habitual Offender.
Hunter Ritter, age 20, was indicted on October 16, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 25, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on multiple occasions between June 12, 2019, and August 9, 2019, Ritter unlawfully committed domestic assaults against his intimate partner and that, at the time of the domestic assaults, Ritter had at least two prior convictions for offenses that would have been, if subject to federal jurisdiction, assaults against a spouse or intimate partner. The Indictment further alleges that on July 29, 2019, Ritter unlawfully committed a domestic assault against his intimate partner, by strangling and suffocating her, and further did abuse, expose, torture, torment, and cruelly punish a minor child.
The charges are merely accusations and Ritter is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Ritter was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Isabel Man Charged with Failure to AppearRead the Press Release
United States Attorney Ron Parsons announced that an Isabel, South Dakota, man has been indicted by a federal grand jury for Failure to Appear.
Theodore Taylor, age 34, was indicted on October 16, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 24, 2019, 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 August 17, 2019, Taylor disobeyed and resisted an order and command of the U.S. District Court, in that he failed to surrender and serve a sentence.
The charge is merely an accusation and Taylor is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Taylor was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eden Man Sentenced to 24 Months in Federal Prison for Felony Child AbuseRead the Press Release
United States Attorney Ron Parsons announced that an Eden, South Dakota, man convicted of felony child abuse and neglect of a child was sentenced on October 21, 2019, by U.S. District Judge Charles B. Kornmann.
Jeremiah Lynn Renville, Jr., age 39, was sentenced to 24 months in federal prison, followed by 3 years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Renville, Jr. was indicted for assault resulting in serious bodily injury of a child and felony child abuse and neglect of a child under seven years by a federal grand jury on October 10, 2018. He pled guilty on May 2, 2019.
According to court filings, on February 13 and 14, 2018, Renville engaged in assaultive and abusive conduct toward a child under the age of three years.
This case was investigated by the Federal Bureau of Investigation and the Sisseton-Wahpeton Oyate Sioux Tribe’s Law Enforcement. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Renville will surrender to the U.S. Marshal’s Service in late December 2019, to begin serving his federal prison sentence.
Eagle Butte Man Charged with Sexual Abuse of a Person Incapable of ConsentRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Person Incapable of Consent.
Coren Clown, age 28, was indicted on October 16, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 18, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $250,000 fine, not less than 5 years, or up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 3, 2017, Clown knowingly engaged in and attempted to engage in a sexual act with an individual who was physically incapable of declining participation in and communicating an unwillingness to engage in the sexual act.
The charge is merely an accusation and Clown is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Clown was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Aberdeen Woman Sentenced for Theft of Government FundsRead the Press Release
United States Attorney Ron Parsons announced that an Aberdeen, South Dakota, woman convicted of Theft of Government Funds was sentenced on October 21, 2019, by U.S. District Judge Charles B. Kornmann.
Brianna Breaw, a/k/a Stephanie Haupt, age 28, was sentenced to 20 months in federal prison, followed by 3 years of supervised release, restitution in the amount of $58,244.95, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Breaw was indicted by a federal grand jury on July 10, 2018. She pled guilty on July 29, 2019.
The conviction stemmed from incidents between on or about August 28, 2014, and November 28, 2017, when Breaw willfully and knowingly embezzled, stole, purloined, and converted to her own use money from departments or agencies of the United States, namely, Title XVI program benefits payments administered by the U.S. Social Security Administration (SSA), Supplemental Nutrition Assistance Program (SNAP) benefits payments funded by the U.S. Department of Agriculture, and Medicaid coverage funded in part by the U.S. Department of Health and Human Services.
Breaw began receiving Title XVI supplemental security income program benefits payments (SSI), Medicaid benefits, and SNAP benefits under her former name, Stephanie Haupt, and her original social security number. On August 28, 2014, Breaw was issued a new social security number. However, due to an oversight, the SSA failed to transfer Breaw’s SSI record from her original social security number to her new social security number, so her SSI and Medicaid benefits continued to be linked to her original social security number.
In approximately October 2015, Breaw legally changed her name to Brianna Breaw. She contacted the SSA to update the name linked to her new social security number, but the new name was not linked to her original social security number. This resulted in her new social security number being linked to Brianna Breaw, and her original social security number being linked to Stephanie Haupt.
Breaw knowingly received SSI benefits payments, Medicaid benefits, and SNAP benefits payments under her former name and original social security number, while at the same time she was working full-time under her new name and new social security number. Breaw lied to SSA on multiple occasions regarding her social security numbers, her marital status, her employment status, and her income in order to continue to receive SSI benefits payments. She also lied on her various SNAP applications, and at one point was receiving overlapping SNAP benefits from South Dakota, Iowa, and Illinois.
This case was investigated by the Social Security Administration, Office of the Inspector General. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
Breaw was permitted to turn herself in to the custody of the U.S. Marshals Service on or before January 14, 2020.
Sioux Falls Man Found Guilty for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that Marques Smith, a/k/a CC, age 37, of Sioux Falls, South Dakota, was found guilty of Conspiracy to Distribute Methamphetamine as a result of a 3-day federal jury trial in Pierre, South Dakota.
The charge carries a maximum penalty of at least 10 years up to life in federal prison and/or a $10,000,000 fine, at least 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
Smith was indicted on March 12, 2019, and a Superseding Indictment was filed on October 16, 2019.
Beginning no later than January 1, 2011, and continuing to October 11, 2017, Smith knowingly and intentionally conspired with others to distribute and possess with intent to distribute 500 grams or more of methamphetamine. The trial testimony showed the conspiracy involved distributing methamphetamine in Sioux Falls and on the Crow Creek, Lower Brule, and Rosebud Sioux Indian Reservations. Smith and his co-conspirators traveled to Kansas City, Missouri; Colorado Springs, Colorado; Minneapolis, Minnesota; and Grand Island, Nebraska, to acquire methamphetamine, which would be distributed in South Dakota.
This case was investigated by the Bureau of Indian Affairs - Division of Drug Enforcement, the South Dakota Highway Patrol, the Rosebud Sioux Tribe Law Enforcement Services, the Sioux Falls Police Department, the Minnehaha County Sherriff’s Office, the Pierre Police Department, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
A sentencing date has not been set. Smith was immediately remanded to the custody of the U.S. Marshals Service.
California Man Convicted of Drug Conspiracy at TrialRead the Press Release
United States Attorney Ron Parsons announced that Juan Porcayo, age 48, of Yuba City, California, was found guilty of Conspiracy to Distribute 500 grams or more of Methamphetamine as a result of a federal jury trial in Rapid City, South Dakota. The trial began Monday, October 21 and concluded Tuesday, October 22. Porcayo was originally indicted by a federal grand jury on September 19, 2017.
The charge carries a mandatory minimum sentence of 10 years and a maximum penalty of life in custody and/or a $10,000,000 fine, 5 years up to life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Porcayo was a supplier of methamphetamine in California. He provided multiple pounds of methamphetamine to people who transported it back to South Dakota for distribution. Several co-conspirators have pled guilty.
This case was investigated by the Homeland Security Investigations, the Pennington County Sheriff’s Office, and the Unified Narcotics Enforcement Team. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
A presentence investigation was ordered. Sentencing is scheduled for February 28, 2020. The defendant was remanded to the custody of the U.S. Marshals Service.
Department of Justice Awards More Than $85.3 Million in Grants to Address School Violence and Combat Drug TraffickingRead the Press Release
SIOUX FALLS – The Department of Justice announced it has awarded more than $85.3 million to bolster school security — including funding to educate and train students and faculty — and support first responders who arrive on the scene of a school shooting or other violent incident.
“These federal resources will help to prevent school violence and give our students the support they need to learn, grow, and thrive,’ said Attorney General William P. Barr. “By training faculty, students and first responders, and by improving school security measures, we can make schools and their communities safer.”
The 2018 STOP School Violence Act authorized the Department of Justice to create a series of grant award programs under a School Violence Prevention Program. This year, the Department made 215 awards to schools, districts and other jurisdictions throughout the United States.
The South Dakota Department of Public Safety was awarded grants for the following: $500,000 for School Violence Technology and Threat Assessment Solutions for Safer Schools Program, $998,240 for a State School Safety Center, and a $500,000 for a School Violence Prevention and Mental Health Training Program.
“The Department of Justice is committed to school safety,” said U.S. Attorney Ron Parsons. “These new federal grants will help to secure our schools and keep our children protected and safe.”
Additionally, the Department of Justice Office of Community Oriented Policing Services (COPS) awarded the South Dakota Attorney General’s office $714,268 as part of the COPS Anti-Heroin Task Force Program Awards.
“We are also pleased to announce this substantial new grant to help our drug task forces combat the opioid crisis,” continued U.S. Attorney Parsons. “Every life is precious. This new funding will help us dismantle drug trafficking organizations and relieve the misery they inflict on our communities.”
The Bureau of Justice Assistance, within the Department’s Office of Justice Programs, and the Office of Community Oriented Policing Services manage the programs and administer the grants, which include funds to:
- Develop school threat assessment teams and pursue technological solutions to improve reporting of suspicious activity in and around schools;
- Implement or improve school safety measures, including coordination with law enforcement, as well as the use of metal detectors, locks, lighting and other deterrent measures;
- Train law enforcement to help deter student violence against others and themselves;
- Improve notification to first responders through implementation of technology that expedites emergency notifications;
- Develop and operate anonymous reporting systems to encourage safe reporting of potential school threats;
- Train school officials to intervene when mentally ill individuals threaten school safety; and
- Provide training and technical assistance to schools and other awardees in helping implement these programs.
More details about these individual award programs, as well as listings of individual 2019 awardees, can be found here.
About the Office of Justice Programs:
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal justice system. More information about OJP and its components can be found at www.ojp.gov.
About the Office of Community Oriented Policing Services:
The COPS Office is a federal agency responsible for advancing community policing nationwide. Since 1994, the COPS Office has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and tribal law enforcement agencies to fund the hiring and redeployment of approximately 130,000 officers and provide a variety of knowledge resource products including publications, training and technical assistance. For additional information about the COPS Office, please visit www.cops.usdoj.gov.
Two Lower Brule Men Sentenced for AssaultRead the Press Release
United States Attorney Ron Parsons announced that two Lower Brule, South Dakota, men convicted of Assault by Striking, Beating, or Wounding were sentenced by U.S. Magistrate Judge Mark A. Moreno.
Carlton Felicia, age 20, was sentenced on October 15, 2019, and Grant Whitney, age 21, previously sentenced on September 9, 2019, were both sentenced to 2 years of probation, and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Felicia and Whitney were indicted by a federal grand jury on February 13, 2019. Felicia pled guilty on October 15, 2019, and Whitney pled guilty on July 19, 2019.
The convictions stemmed from an incident on July 1, 2018, when Felicia and Whitney were socializing with an individual and at some point in the evening, an argument began between the three of them. Felicia and Whitney struck and beat the victim about the head and face.
This case was investigated by the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Felicia and Whitney were both released following their sentencing hearings to begin serving their terms of probation.
Rosebud Woman Sentenced for Assault with a Dangerous WeaponRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, woman convicted of Assault With a Dangerous Weapon was sentenced on October 21, 2019, by U.S. District Judge Roberto A. Lange.
Victoria Smashed Ice, age 27, was sentenced to 27 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.
Smashed Ice was indicted by a federal grand jury on May 14, 2019. She pled guilty on July 22, 2019.
The conviction stemmed from an incident that occurred in Rosebud on April 1, 2019, wherein Smashed Ice repeatedly kicked a child, while wearing cowboy boots.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Smashed Ice was immediately turned over to the custody of the U.S. Marshals Service.