District of South Dakota
Press releases recorded for this federal judicial district.
Opioid Crisis Update: Men Make Federal Appearances on Heroin ChargesRead the Press Release
United States Attorney Ron Parsons announces that three men have made their initial appearances before U.S. Magistrate Judge Veronica L. Duffy on charges related to their heroin distribution in the Sioux Falls area.
Maurice Cathey, age 37, of Chicago, Illinois, was indicted by a federal grand jury for conspiracy to distribute heroin resulting in death and serious bodily injury. Cathey appeared before Judge Duffy on July 19, 2018. He was returned to the custody of the Minnehaha County Sheriff. If convicted, Cathey faces a mandatory period of twenty years in prison and a maximum of life.
Jacob Lottman, age 25, of Sioux Falls, South Dakota, was indicted by a federal grand jury for distribution of heroin resulting in serious bodily injury. Lottman appeared before Judge Duffy on July 13, 2018, and was placed into the custody of the U.S. Marshals. If convicted, Lottman faces a mandatory period of twenty years in prison and a maximum of life.
Devlin Tommeraasen, age 23, of Sioux Falls, South Dakota, was indicted by a federal grand jury for conspiracy to distribute heroin. Tommeraasen appeared before Judge Duffy on July 19, 2018. He was placed into the custody of the U.S. Marshals. If convicted, Tommeraasen faces a maximum of twenty years in prison.
The charges are merely accusations and these defendants are presumed innocent until and unless proven guilty.
Approximately 64,000 Americans lost their lives to drug overdoses in 2016 – the highest drug death toll in American history. This year, at least twelve drug overdose deaths have occurred in Minnehaha County alone.
Many of the drug overdoses occurring in South Dakota in the past year have resulted from the sale of heroin laced with fentanyl – a synthetic opioid much stronger than heroin. Fentanyl is sold in many forms, such as powder, crystals, or liquid, and even a tiny amount can kill. The estimated lethal dose of pharmaceutical grade fentanyl in humans is two milligrams, the mass of about two grains of salt, shown next to a Lincoln penny in the picture below:
Even worse, fentanyl analogues, like carfentanil, are even more potent than fentanyl and are being trafficked with increasing frequency.
Fentanyl can be mixed into other drugs, such as heroin and cocaine, or pressed into pills and sold as counterfeit prescription drugs. Users who seek to obtain these other drugs often have no idea that they are actually putting something much deadlier into their bodies.
The U.S. Attorney’s Office is working closely with the Sioux Falls Area Drug Task Force, Drug Enforcement Administration, the Minnehaha County Sheriff’s Office, and our other federal, state, and local law enforcement partners to investigate and prosecute these cases.
Project Dakota Flyer Sentences AnnouncedRead the Press Release
United States Attorney Ron Parsons announced that 19 defendants from Project Dakota Flyer – one of the largest wildlife trafficking investigations in the Midwest in recent history – have been sentenced.
Nine men from South Dakota, five women from South Dakota, one man from North Dakota, one man from Iowa, one man from Idaho, and two pawn shops in South Dakota, convicted of various Lacey Act, Migratory Bird Treaty Act, and Bald and Golden Eagle Protection Act violations, have been sentenced in United States District Court by Chief Judge Jeffrey L. Viken, U.S. District Judge Roberto A. Lange, U.S. Magistrate Judge Mark A. Moreno, U.S. Magistrate Judge William D. Gerdes, and U.S. Magistrate Judge Daneta L. Wollmann.
U.S. Attorney Parsons praised the sentences: “This investigation has demonstrated the breadth of the illegal black market for eagle and other migratory bird parts. It is our goal to completely eliminate the unauthorized killing and selling of bald eagles, golden eagles, and other protected species. Importantly, nothing in this investigation was done to infringe upon traditional Native American use of eagle parts for cultural or spiritual purposes. We are very sensitive to the Native American culture and religious practices that use and honor the eagle, and we want them to be able to continue to do that in a lawful and culturally appropriate manner.”
These convictions stem from incidents beginning in 2014, when the U.S. Fish and Wildlife Service initiated an undercover operation, Project Dakota Flyer, focusing on the unlawful trafficking of protected migratory birds, primarily bald and golden eagles. The operation utilized undercover techniques to purchase eagle and other protected bird parts from 51 suspects over a 19-month period. The purchases occurred in South Dakota, Wyoming, Montana, Nebraska, Iowa, and in some cases over the internet.
“The U.S. Fish and Wildlife Service protects our nation’s wildlife here and abroad,” said Edward Grace, Acting Assistant Director of the Office of Law Enforcement for the U.S. Fish and Wildlife Service. “We initiated Operation Project Dakota Flyer to stop the unlawful trafficking in protected migratory birds with a particular emphasis in bald and golden eagles. The work of our special agents and forensic scientists revealed over 35 species of birds, from every continent except Antarctica, were trafficked. This operation, which began in America’s heartland, illustrates how wildlife trafficking is a global crisis."
Sheldon Tree Top, age 44, of Mandan, ND, was sentenced on April 4, 2018, by Judge Lange to six months in federal prison, followed by one year of supervised release, restitution to the National Wildlife Foundation in the amount of $5,000, and a special assessment to the Federal Crime Victims Fund in the amount of $125. Tree Top was indicted by a federal grand jury on August 22, 2017, and pled guilty on December 29, 2017, to two violations of the Bald and Golden Eagle Protection Act.
Jorge Pena, age 45, of Cedar Rapids, Iowa, was sentenced on July 16, 2018, by Chief Judge Viken to five months of federal prison on each count, to run concurrently, restitution to the National Wildlife Foundation in the amount of $20,000, and a special assessment to the Federal Crime Victims Fund in the amount of $125. Pena was indicted by a federal grand jury on April 12, 2017, and pled guilty on March 23, 2018, to violations of the Lacey Act and the Bald and Golden Eagle Protection Act.
Aaron David West, Jr., age 34, of Eagle Butte, SD, was sentenced on June 11, 2018, by Judge Lange to two months in federal prison, six months of home confinement, one year of supervised release, restitution to the National Wildlife Foundation in the amount of $31,750 jointly with co-defendant Aaron David West, and a special assessment to the Federal Crime Victims Fund in the amount of $125. West was indicted by a federal grand jury on April 12, 2017, and pled guilty on March 21, 2018, to violations of the Bald and Eagle Protection Act, the Migratory Bird Treaty Act, and Aiding and Abetting.
Aaron David West, age 63, of Eagle Butte, SD, was sentenced on June 11, 2018, by Judge Lange to one year of probation, which includes six months of home confinement, restitution to the National Wildlife Foundation in the amount of $31,750 jointly with co-defendant Aaron David West, Jr., and a special assessment to the Federal Crime Victims Fund in the amount of $25. West was indicted by a federal grand jury on April 12, 2017, and pled guilty on March 21, 2018, to a violation of the Bald and Golden Eagle Protection Act, and Aiding and Abetting.
Benjamin Iron Hawk, age 45, of Mission, SD, was sentenced on June 11, 2018, by Judge Lange to two months in federal prison, six months of home confinement, restitution to the National Wildlife Foundation in the amount of $28,750 joint and several with co-defendant Valencia Neck, and a special assessment to the Federal Crime Victims Fund in the amount of $100. Iron Hawk was indicted by a federal grand jury on April 12, 2017, and pled guilty on March 21, 2018, to a violation of the Lacey Act.
Valencia Neck, age 39, of Mission, SD, was sentenced on June 11, 2018, by Judge Lange to one year or probation, which includes six months of home confinement, restitution to the National Wildlife Foundation in the amount of $28,750 joint and several with co-defendant Benjamin Iron Hawk, and a special assessment to the Federal Crime Victims Fund in the amount of $25. Neck was indicted by a federal grand jury on April 12, 2017, and pled guilty on March 21, 2018, to a violation of the Bald and Golden Eagle Protection Act.
Christopher Pomani, age 38, of Chamberlain, SD, was sentenced on April 5, 2018, by Judge Moreno to two years of probation, a fine in the amount of $500, and a special assessment to the Federal Crime Victims Fund in the amount of $25. Pomani was indicted by a federal grand jury on August 22, 2017 and pled guilty on December 5, 2017, to a violation of the Bald and Golden Eagle Protection Act and Aiding and Abetting.
Arvella Pomani, age 36, of Box Elder, SD, was sentenced on July 17, 2018, by Judge Moreno to one year of probation, restitution to the National Wildlife Foundation in the amount of $16,800, and a special assessment to the Federal Crime Victims Fund in the amount of $25. Pomani was indicted by a federal grand jury on August 22, 2017, and pled guilty on July 17, 2018, to a violation of the Bald and Golden Eagle Protection Act and Aiding and Abetting.
Chet Christensen, d/b/a Chet’s Place, age 67, of Tuthill, SD, was sentenced on March 28, 2018, by Judge Moreno to one day of probation, a fine in the amount of $3,000, restitution to the National Wildlife Foundation in the amount of $3,500, and a special assessment to the Federal Crime Victims Fund in the amount of $25. Christensen was indicted by a federal grand jury on April 12, 2017, and pled guilty on March 28, 2018, to a violation of the Bald and Golden Eagle Protection Act.
Elray Rosaaen, d/b/a Buffalo Gap Trading Post, age 72, of Buffalo Gap, SD, was sentenced on March 23, 2018, by Judge Wollmann to a fine in the amount of $3,000 and a special assessment to the Federal Crime Victims Fund in the amount of $10. Rosaeen was indicted by a federal grand jury on September 12, 2017, to a one count Indictment of Migratory Bird Treaty Act.
Manuel Lieras, age 67, of Pocatello, Idaho, was sentenced on March 28, 2018, by Judge Gerdes to a fine in the amount of $5,000, restitution to the National Wildlife Foundation in the amount of $900, and a special assessment to the Federal Crime Victims Fund in the amount of $10. Lieras was indicted by a federal grand jury on September 12, 2017, and pled guilty on March 28, 2018, to a violation of the Migratory Bird Treaty Act.
Steven Marin, d/b/a Mobridge Pawn, age 47, of Selby, SD, was sentenced on March 28, 2018, by Judge Moreno to a fine in the amount of $3,000 and a special assessment to the Federal Crime Victims Fund in the amount of $10. Marin was indicted by a federal grand jury on September 12, 2017, and pled guilty on March 28, 2018, to a violation of the Migratory Bird Treaty Act.
Jeffrey Jensen, d/b/a Jerry’s Pawn Shop, age 53, of Mobridge, SD, was sentenced on April 11, 2018, by Judge Moreno to a fine in the amount of $3,000, restitution to the National Wildlife Foundation in the amount of $1,750, joint and several with co-defendant Amanda Silbernagel, and a special assessment to the Federal Crime Victims Fund in the amount of $10. Jensen was indicted by a federal grand jury on September 12, 2017, and pled guilty on April 11, 2018, to a violation of the Migratory Bird Treaty Act.
Amanda Silbernagel, d/b/a Jerry’s Pawn Shop, age 30, of Mobridge, SD, was sentenced on April 11, 2018, by Judge Moreno to a fine in the amount of $1,000, restitution to the National Wildlife Foundation in the amount of $1,750, joint and several with co-defendant Jeffrey Jensen, and a special assessment to the Federal Crime Victims Fund in the amount of $10. Silbernagel was indicted by a federal grand jury on September 12, 2017, and pled guilty on April 11, 2018, to a violation of the Migratory Bird Treaty Act.
Wanda Dupris, age 45, of Eagle Butte, SD, was sentenced on April 24, 2018, by Judge Moreno to a fine in the amount of $1,000, and a special assessment to the Federal Crime Victims Fund in the amount of $25. Dupris was indicted by a federal grand jury on August 22, 2017, and pled guilty on April 24, 2018, to a violation of the Bald and Golden Eagle Protection Act.
Fair Deal Pawn, a business in Box Elder, SD, was sentenced on May 29, 2018, by Judge Wollmann, to a fine in the amount of $3,000 and a special assessment to the Federal Crime Victims Fund in the amount of $10. Fair Deal Pawn was indicted by a federal grand Jury on September 12, 2017, and pled guilty on May 29, 2018, to a violation of the Migratory Bird Treaty Act.
Kenneth Foster, d/b/a Rapid Pawn, of Box Elder, SD, was sentenced on July 13, 2018, by Judge Wollmann, to a fine in the amount of $3,000 and a special assessment to the Federal Crime Victims Fund in the amount of $10. Foster was indicted by a federal grand Jury on September 12, 2017, and pled guilty on July 13, 2018, to a violation of the Migratory Bird Treaty Act.
Pawn With Us, a business in Rapid City, SD, was sentenced on June 1, 2018, by Judge Wollmann, to a fine in the amount of $3,000 and a special assessment to the Federal Crime Victims Fund in the amount of $10. Pawn With Us was indicted by a federal grand Jury on September 12, 2017, and pled guilty on June 1, 2018, to a violation of the Migratory Bird Treaty Act.
Melinda Sue Relf, a/k/a Melinda Sue Red Feather, age 37, of Rapid City, SD, was sentenced on July 27, 2018, by Judge Wollmann, to a fine in the amount of $1,000 and a special assessment to the Federal Crime Victims Fund in the amount of $10. Relf was indicted by a federal grand Jury on September 12, 2017, and pled guilty on July 27, 2018, to a violation of the Migratory Bird Treaty Act.
Restitution for the loss of the eagles and other migratory birds was sought by the United States in these cases where it could be proved that a deceased bird was trafficked as part of the illegal activity. Following extensive expert testimony, the Courts adopted a restitution value for immature eagles at $5,000 and adult eagles at $10,000.
These cases were investigated by the U.S. Fish & Wildlife Service. Assistant U.S. Attorneys Eric Kelderman and Meghan N. Dilges prosecuted the cases.
Yankton Man Sentenced to 10 Years for Possession of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that U.S. District Judge Karen E. Schreier sentenced a Yankton, South Dakota, man convicted of Possession of Child Pornography.
Richard Leon Engbretson, age 36, was sentenced on July 30, 2018, to 10 years in federal prison, followed by 10 years of supervised release, ordered to pay $100 to the Federal Crime Victims Fund, and forfeit his computer and cell phone.
Engbretson was indicted for possession of child pornography by a federal grand jury on August 8, 2017. He pled guilty on May 10, 2018.
On February 4, 2017, Yankton Police responded to a 911 call from the residence of Richard Engbretson. In the call, Engbretson explained that he cut his own wrists because he was depressed and lonely. He also stated that he was a sex offender and had looked at child pornography. When officers arrived, Engbretson opened the door holding his left wrist in a towel. A forensic examination led to the discovery of child pornography on Engbretson's computer and cell phone.
This case was investigated by the Yankton Police Department, the Federal Bureau of Investigation, and prosecuted by Assistant U.S. Attorney Jeff Clapper.
Engbretson was returned to state custody to complete a sentence for a 2015 conviction for possessing child pornography.
Sioux Falls Meth Dealers Sentenced to Federal Prison in Multi-State Drug ConspiracyRead the Press Release
United States Attorney Ron Parsons announced that Alvin Felicianosoto, age 34, of Sioux Falls, South Dakota, who was convicted of conspiracy to distribute 500 grams or more of methamphetamine and possession with intent to distribute a controlled substance, was sentenced to 210 months in federal prison on July 9, 2018, by U.S. District Court Judge Karen E. Schreier. Co-conspirator Orlando Dones-Vargas, age 32, of Sioux Falls, who was convicted of conspiracy to distribute 500 grams or more of methamphetamine and possession with intent to distribute methamphetamine, was sentenced by Judge Schreier to 235 months in federal prison on July 16, 2018.
“These convictions and substantial prison sentences are the result of phenomenal detective work by our law enforcement partners on the Sioux Falls Area Drug Task Force,” said U.S. Attorney Parsons. “We are united in our efforts to eliminate this destructive poison from our communities and to hold those who bring it here accountable for their criminal acts.”
Both sentences will be followed by five years of supervised release. The men were also ordered to each pay $200 to the Federal Crime Victim’s Fund. Dones-Vargas was indicted by a federal grand jury on September 6, 2017. He was found guilty after a jury trial on January 31, 2018. Felicianosoto was indicted by a federal grand jury on September 6, 2017, and was found guilty after a jury trial on February 14, 2018.
The investigation of Felicianosoto and Dones-Vargas revealed their joint involvement in a multi-state drug ring that was responsible for transporting more than 50 pounds of meth to South Dakota. Each pound of meth provides over 1,000 doses (illegal uses) for typical users.
A search warrant was executed at Felicianosoto’s home in Sioux Falls, where law enforcement found about 100 grams of meth in his garage, in addition to the more than 100 grams of meth that he was carrying in his pocket when he was arrested. Law enforcement found an additional four pounds of meth, along with four cocked and loaded handguns, hidden under a bed in what appeared to be a children’s bedroom in an apartment used by Dones-Vargas.
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. Attorney General Jeff Sessions 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 Sioux Falls Area Drug Task Force, South Dakota Division of Criminal Investigation, and the Drug Enforcement Administration. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Sioux Falls Man Sentenced to 72 Months for Bank RobberyRead the Press Release
United States Attorney Ron Parsons announced that U.S. District Judge Karen E. Schreier sentenced a Sioux Falls, South Dakota, man convicted of Bank Robbery.
Cody Maynard, age 27, was sentenced on July 31, 2018, to 72 months in federal prison, followed by 3 years of supervised release. Maynard was also ordered to pay $4,215.36 in restitution, and $100 to the Federal Crime Victims Fund.
According to documents filed in court, on April 27, 2017, Maynard robbed Voyage Federal Credit Union by the use of force, violence, and intimidation. Maynard robbed the bank of $3,600.00. The money belonged to and was in the care, custody, control, management and possession of the Voyage Federal Credit Union, a bank whose deposits were then federally insured by the National Credit Union Administration. During the bank robbery, Maynard wore brass knuckles and threatened to use a gun and a knife.
This case was investigated by the Federal Bureau of Investigation and the Sioux Falls Police Department. The case was prosecuted by Assistant U.S. Attorney Jeremy R. Jehangiri.
Maynard was immediately remanded to the custody of the U.S. Marshals Service.
Rapid City Man Found Guilty of Possession of a Firearm by a Prohibited PersonRead the Press Release
United States Attorney Ron Parsons announced that William Andrews, age 32, was found guilty of Possession of a Firearm by a Prohibited Person following a federal jury trial in Rapid City, South Dakota.
The charge carries a maximum sentence of 10 years in federal prison, and/or a $250,000 fine, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Evidence at trial established that on January 24, 2018, law enforcement officers with the Black Hills Fugitive Task Force found Andrews by himself inside a shed he had built behind a home in Rapid City. Andrews had locked himself inside the shed, which was being used as a bedroom, and was found to be in possession of a Kel-Tec, model PF-9, 9mm pistol. Andrews is prohibited from possessing firearms due to a previous conviction for first degree robbery.
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. Attorney General Jeff Sessions 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 Bureau of Alcohol, Tobacco, Firearms and Explosives, Pennington County Sheriff’s Office, U.S. Marshals Service, and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted and tried the case.
A sentencing date was set for October 9, 2018. Andrews was remanded to the custody of the U.S. Marshals Service pending sentencing.
Rapid City Man Charged with Drug and Firearm CrimesRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man was charged in federal district court with Conspiracy to Distribute a Controlled Substance, Possession with Intent to Distribute a Controlled Substance, and Possession of a Firearm by a Prohibited Person.
Dustin Eck, age 34, was charged on May 22, 2018. He appeared before U.S. Magistrate Judge Daneta Wollmann on July 25, 2018, and pleaded not guilty to the charge. The penalty upon conviction is 5-40 years in federal prison and/or a $5,000,000 fine, up to lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Eck possessing methamphetamine with the intent to distribute it, and also knowingly being in possession of two rifles. The charges are merely an accusation and Eck is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
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. Attorney General Jeff Sessions 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.
Eck was detained pending trial. A trial date has not been set.
Mission Man Charged with Aggravated Sexual Abuse of a ChildRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child, Aggravated Sexual Abuse, and Abusive Sexual Contact.
Iran Small Bear, a/k/a Ivan Small Bear, age 37, was indicted on June 12, 2018. He appeared before U.S. Magistrate Judge Veronica L. Duffy on July 30, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is any term of years up to life in federal prison and/or a $250,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between July 27, 2016, and April 19, 2018, Small Bear knowingly engaged in, and attempted to engage in, a sexual act and sexual contact with a minor female.
The charges are merely accusations and Small Bear is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Small Bear was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
St. Francis Man Sentenced for AssaultRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on July 23, 2018, by U.S. District Judge Roberto A. Lange.
John Matthew Brave Hawk, age 20, was sentenced to 30 months in federal prison, 3 years of Supervised Release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Brave Hawk was indicted by a federal grand jury on January 17, 2018. He pled guilty on April 30, 2018.
The conviction stemmed from an incident on November 14, 2017, when Brave Hawk intentionally drove a vehicle towards a group of people, and struck one of the individuals which caused abrasions to their head, knees and hands.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Brave Hawk was immediately turned over to the custody of the U.S. Marshals Service.
Harrisburg Man and North Dakota Man Sentenced for Possession of Explosives and Misprision of a FelonyRead the Press Release
United States Attorney Ron Parsons announced that Nathaniel Johnson, age 30, from Dickinson, North Dakota, was convicted of Possession of Explosives by a Prohibited Person and sentenced to 33 months in federal prison, 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100 on June 25, 2018, by U.S. District Judge Roberto A. Lange.
United States Attorney Ron Parsons also announced that William Fralick, age 30, from Harrisburg, South Dakota, charged with Misprision of a Felony, pled guilty and was sentenced to time served, 1 year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100 on July 25, 2018, by U.S. District Judge Lange.
Johnson and Fralick were indicted by a federal grand jury on January 17, 2018. Johnson pled guilty on April 3, 2018, and Fralick pled guilty on July 25, 2018.
The convictions stem from an incident on January 19, 2017, when Johnson and Fralick, who were fugitives from justice, were arrested in Reliance, South Dakota. Found in Johnson’s possession, during his arrest, was 58 ½ inches of detonation cord and an emulsion explosive containing ammonium nitrate, sodium nitrate, microballoons, aluminum and oil/wax from a plastic orange tube marked “Orica” and “Explosivos Mexicanos”, which are explosives that had been shipped and transported in interstate and foreign commerce.
Johnson did not possess a valid license or permit to possess explosives and has multiple convictions for crimes punishable in excess of one year.
Fralick learned that Johnson was illegally in possession of explosives and knew that Johnson was prohibited from possessing explosives. Despite this knowledge, Fralick failed to report this information to federal law enforcement officials.
This case was investigated by the South Dakota Division of Criminal Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Lyman County Sheriff’s Office, and the South Dakota Highway Patrol. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Johnson was turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Eagle Butte Woman Sentenced for Conspiracy to Distribute a Controlled SubstanceRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on July 23, 2018, by U.S. District Judge Roberto A. Lange.
Sierra Bridwell, a/k/a Sierra Red Water, a/k/a Sierra High Elk, age 22, was sentenced to the mandatory minimum, 60 months in federal prison, 4 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Bridwell was indicted by a federal grand jury on November 14, 2017. She pled guilty on May 2, 2018.
The conviction stems from a conspiracy beginning in at least March of 2017, when it was discovered that Bridwell and her co-Defendant received distributable quantities of methamphetamine and distributed some of that methamphetamine in South Dakota. The individuals who provided them with the distributable quantities of methamphetamine knew that Bridwell and her co-Defendant intended to engage in further distribution of the methamphetamine.
It was reasonably foreseeable to Bridwell that at least 200 grams of methamphetamine would be distributed during the course of the conspiracy.
Methamphetamine is a Schedule II controlled substance.
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 Meghan N. Dilges prosecuted the case.
Bridwell was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for Assaulting a Federal Officer and Failure to RegisterRead 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 and Failure to Register as a Sex Offender was sentenced on July 23, 2018, by U.S. District Judge Roberto A. Lange.
On the assault conviction, Jasyn Curley, age 23, was sentenced to 9 months in federal prison, and a special assessment to the Federal Crime Victims Fund in the amount of $25. On the failure to register conviction, Curley was sentenced to 18 months in federal prison, 5 years of Supervised Release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Curley was indicted by a federal grand jury on February 14, 2018. He pled guilty on May 2, 2018.
In January of 2018, Curley, 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 assault conviction stemmed from an incident on November 17, 2017, when Curley was arrested for being intoxicated and disorderly. While the officers were placing him in handcuffs, Curley resisted and pulled away from the officers. The officers were able to restrain Curley, and while escorting him to the patrol car, Curley would not walk and refused to get into the back seat of the patrol car. The officers eventually were able to place Curley in the backseat of the patrol car. Upon arrival at the corrections facility, Curley was being escorted into the facility by corrections staff. Curley turned towards the officer who arrested him and spit in his face.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller prosecuted the case.
Curley was immediately turned over to the custody of the U.S. Marshals Service.
Colorado Man Indicted for Meth DistributionRead the Press Release
United States Attorney Ron Parsons announced that a Westminster, Colorado, man has been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance.
Matthew Steele, age 34, was indicted on June 12, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 25, 2018, 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, or both, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on February 10, 2018, Steele knowingly and intentionally possessed with intent to distribute a mixture or substance containing a detectable amount of methamphetamine, which is a Schedule II controlled substance.
The charge is merely an accusation and Steele 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 Meghan N. Dilges is prosecuting the case.
Steele was remanded to the custody of the U.S. Marshals Service pending trial which has been set for September 18, 2018.
Burke Man Sentenced for Assaulting a Federal Officer, Failure to Appear and EscapeRead the Press Release
United States Attorney Ron Parsons announced that a Burke, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer, Failure to Appear, and Escape was sentenced on July 25, 2018, by U.S. District Judge Roberto A. Lange.
Anthony One Star, Jr., a/k/a Tony One Star, age 30, was sentenced to 15 months in federal prison, for the Assaulting a Federal Officer charge, and 5 months in federal prison, for the Failure to Appear and Escape charge to be served consecutively, 2 years of supervised release for both charges to be served concurrently, and a special assessment to the Federal Crime Victims Fund in the amount of $200.
One Star was indicted for Assaulting a Federal Officer by a federal grand jury on May 16, 2017 and pled guilty on November 1, 2017. One Star was indicted for Failure to Appear and Escape by a federal grand jury on May 15, 2018 and pled guilty to that charge on June 27, 2018.
The Assault conviction stemmed from an incident that occurred on March 22, 2017. Rosebud Sioux Tribe Law Enforcement Services (RSTLES) responded to a report of a man lying on the ground screaming for help. An officer helped One Star to his feet and One Star got into a fighting stance and asked the officer if he wanted to “test” him. Following arrest, One Star became combative while being assessed at the Indian Health Services Hospital and spit on a RSTLES officer’s chest.
On November 1, 2017, One Star pled guilty to the Assault charge and was ordered detained in the custody of the U.S. Marshals Service (USMS) pending sentencing on April 2, 2018. One Star was granted release from USMS custody to attend a treatment program, and failed to return to custody as ordered. On April 2, 2018, One Star did not appear for his scheduled sentencing hearing in connection with the aforementioned criminal charge as required.
These cases were investigated by the Rosebud Sioux Tribe Law Enforcement Services, the Federal Bureau of Investigation, and the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
One Star was immediately turned over to the custody of the U.S. Marshals Service.
Michigan Man Arrested for Climbing Mount RushmoreRead the Press Release
United States Attorney Ron Parsons announced that a South Rockwood, Michigan, man was arrested for climbing Mount Rushmore.
Zachary Schossau, 19, was arrested on July 22, 2018, by U.S. Park Rangers. Schossau appeared before U.S. Magistrate Judge Daneta Wollman on July 23, 2018, and was ordered to pay a $1,000 fine and a $30 court processing fee.
The U.S. Attorney’s Office and the National Park Service remind and caution the public that climbing Mount Rushmore National Memorial is a violation of the law, and offenders will be prosecuted.
“Please be respectful and stay off the Rushmore Memorial,” said U.S. Attorney Parsons. “The terrain is hazardous, and it ends in federal court.”
Assistant U.S. Attorney Kathryn Rich prosecuted the case.
Fort Thompson Man Sentenced for AssaultRead the Press Release
United States Attorney Ron Parsons announced that a Fort Thompson, South Dakota, man convicted of Assault Resulting in Substantial Bodily Injury was sentenced on July 23, 2018, by U.S. District Judge Roberto A. Lange.
Austin Paul Abernathy, age 27, 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.
Abernathy was indicted by a federal grand jury on September 12, 2017. He pled guilty on May 5, 2018.
The conviction stems from an incident on August 27, 2017, when BIA Law Enforcement was summoned to a residence in Fort Thompson, in response to an assault. The owner of the house stated that a woman had come to his door looking for help and bleeding. A BIA officer arrived at the residence and found the victim standing in the house bleeding from her hand, leg, and arms. The victim stated she was sleeping at the house across the street when she was attacked by her boyfriend, Abernathy. An ambulance came to the residence and brought her to the hospital in Chamberlain.
The officer went across the street to check for Abernathy, who was finally found on a bed pretending to be asleep. The officer detained Abernathy and put him in the back of his vehicle. The officer also noticed blood on Abernathy’s hands and he was placed under arrest.
A Special Agent with the BIA went to the hospital in Chamberlain to speak with the victim, who stated she was in the back bedroom when Abernathy came in and began to hit her. The victim required 12 stiches to close the wounds she received. The victim and Abernathy were in a dating and intimate relationship at the time of the assault.
This case was investigated by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Abernathy was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Woman Charged with TheftRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury for Theft from an Indian Tribal Organization.
Ashley Traversie, age 28, was indicted on July 17, 2018. She appeared before U.S. Magistrate Judge Mark A. Moreno on July 19, 2018, 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, up to 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between December 2, 2016, and August 17, 2017, Traversie willfully and knowingly stole, embezzled, and converted to her own use, money and funds belonging to the Lakota Thrifty Mart, an Indian tribal organization, in an amount greater than $1,000.
The charge is merely an accusation and Traversie 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.
Traversie was released on bond pending trial which has been set for September 18, 2018.
Eagle Butte Man Charged with LarcenyRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Larceny.
Tommy Shaving, age 49, was indicted on July 10, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 19, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between October 12, 2017, and October 28, 2017, Shaving unlawfully took and carried away proceeds from checks written on two individuals’ checking accounts, valued at more than $1,000.
The charge is merely an accusation and Shaving 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.
Shaving was released on bond pending trial. A trial date has been set for September 18, 2018.
Eagle Butte Man Charged with Burglary and LarcenyRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Third Degree Burglary and Larceny.
Tommy Shaving, age 49, was indicted on July 10, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 19, 2018, 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 up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between November 29, 2017, and December 1, 2017, Shaving unlawfully entered and remained in the United Church of Christ church, with the intent to commit larceny.
The Indictment also alleges that between November 29, 2017, and December 1, 2017, Shaving unlawfully took and carried away three star quilts, valued at more than $1,000.
The charges are merely accusations and Shaving 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.
Shaving was released on bond pending trial. A trial date has been set for September 18, 2018.
Cherry Creek Man Charged with Sexual AbuseRead 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 Sexual Abuse.
Keeler Condon, a/k/a “Bud” Condon, age 32, was indicted on July 17, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 19, 2018, 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, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about May 28, 2018, Condon knowingly engaged in, and attempted to engage in, a sexual act with a female juvenile victim who 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 charge is merely an accusation and Condon 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.
Condon was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for September 18, 2018.
Rapid City Woman Charged with Child Abuse and Driving Under the Influence of AlcoholRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, woman has been indicted by a federal grand jury for Child Abuse and Operating a Motor Vehicle Under the Influence of Alcohol with a Minor Present in the Motor Vehicle.
Maria Big Crow, age 26, was indicted on June 12, 2018. She appeared before U.S. Magistrate Judge Mark A. Moreno on July 20, 2018, 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 October 22, 2017, Big Crow was driving a vehicle with several passengers; some of the passengers were juveniles. The vehicle Big Crow was operating was involved in a single vehicle rollover accident, resulting in injuries. The Indictment further alleges that Big Crow was operating the vehicle while under the influence of alchol.
The charges are merely accusations and Big Crow 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.
Big Crow was released on bond pending trial. A trial date has not been set.
Two South Dakota Men Charged with Drugs and Stolen Firearm OffensesRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man and a Black Hawk, South Dakota, man have been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance, Possession of a Firearm by a Prohibited Person, and Possession of a Stolen Firearm.
Antonio Siers, age 21, and Zachary Alto, age 24, were indicted on May 15, 2018. Siers appeared before U.S. Magistrate Judge Mark A. Moreno on May 17, 2018, and pled not guilty to the Indictment. Alto appeared before U.S. Magistrate Judge Mark A. Moreno on July 16, 2018, and pled not guilty to the Indictment.
The maximum penalty each faces upon conviction is up to 40 years in federal prison and/or a $1,500,000 fine, up to 9 years of supervised release, and up $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on July 12, 2017, Siers and Alto knowingly and intentionally possessed with intent to distribute a detectable amount of methamphetamine.
The Indictment also alleges that on February 1, 2017, and July 12, 2017, Siers, being an unlawful user of, and addicted to a controlled substance, knowingly received and possessed two firearms.
Finally, the Indictment alleges that on July 12, 2017, Alto, having been convicted of a crime punishable by imprisonment for a term exceeding one year, and being an unlawful user of, and addicted to a controlled substance, knowingly received and possessed a stolen firearm, which had been shipped and transported in interstate commerce.
Methamphetamine is a Schedule II controlled substance.
The charges are merely accusations and Siers and Alto are 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. Attorney General Jeff Sessions 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.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Siers and Alto were remanded to the custody of the U.S. Marshals Service pending trial, which has been set for September 5, 2018.
Sioux Falls Man Convicted of Distributing Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that Maksim Stefanyuk, age 27, of Sioux Falls, South Dakota, was found guilty of two counts of distributing child pornography, one count of receiving child pornography, and one count of failing to register as a sex offender, as a result of a federal jury trial in Sioux Falls. The jury returned the verdict on July 19, 2018.
The charges carry a minimum penalty of 15 years in federal prison and a maximum of 40 years in federal prison, and/or a $250,000 fine, at least 5 years of supervised release, and a $400 special assessment to the Federal Crime Victims Fund.
Stefanyuk was indicted by a federal grand jury on May 9, 2017. Law enforcement officers searched Stefanyuk’s Sioux Falls residence on February 22, 2017, looking for evidence involving the distribution of child pornography on the internet using a file sharing program. During the search, officers seized the defendant’s computer and found child pornography after a forensic examination. Stefanyuk had registered as a sex offender, but claimed to live in Minnesota, while working in South Dakota.
This case was investigated by the U.S. Homeland Security Investigations, the Minnehaha County Sheriff’s Office, and the South Dakota Division of Criminal Investigation, all of which are part of the South Dakota Internet Crimes Against Children Task Force. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
A presentence investigation was ordered. The defendant was remanded to the custody of the U.S. Marshals Service.
Pine Ridge Woman Sentenced to 25 Years in Federal Prison for Second Degree MurderRead the Press Release
United States Attorney Ron Parsons announced that a Pine Ridge, South Dakota, woman convicted of Second Degree Murder and Accessory to Second Degree Murder was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Elizabeth Ann LeBeau, a/k/a Ann LeBeau, age 25, was sentenced on July 13, 2018, to 25 years in federal prison, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund on the Second Degree Murder charge. As to the Accessory to Second Degree Murder charge, LeBeau was sentenced to 15 years in federal prison, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. The time in federal prison and supervised release are to run concurrently.
LeBeau was indicted for the charges by a federal grand jury in January 2016. The charges related to LeBeau strangling Emily Bluebird to death. Bluebird was also struck in the head several times with a hammer. After the homicide, LeBeau and codefendant, Fred Quiver, covered up the homicide by hiding the body to prevent their apprehension, trial, and punishment.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, and the Federal Bureau of Investigation. Assistant U.S. Attorneys Megan Poppen and Kathryn Rich prosecuted the case.
LeBeau was immediately turned over to the custody of the U.S. Marshals Service.
Pine Ridge Man Sentenced for Possession of a Stolen FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Pine Ridge, South Dakota, man convicted of Possession of a Stolen Firearm was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Cole Brewer, age 27, was sentenced on July 13, 2018, to 37 months in federal prison, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Brewer was indicted for the charge by a federal grand jury on April 18, 2017. The charge related to Brewer being in possession of a stolen Sig Sauer .380 pistol in 2016 after being involved in a vehicle chase and crash.
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. Attorney General Jeff Sessions 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 Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Brewer was immediately turned over to the custody of the U.S. Marshals Service.
Colorado Man Sentenced for Possession of a Firearm and Ammunition by a Prohibited PersonRead the Press Release
United States Attorney Ron Parsons announced that an Englewood, Colorado, man convicted of Possession of a Firearm and Ammunition by a Prohibited Person was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Jesse Deal, age 30, was sentenced on July 17, 2018, to 48 months in federal prison, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Deal was indicted for the charge by a federal grand jury on September 19, 2017. The charge related to Deal being in possession of a firearm and ammunition on August 12, 2017, after being stopped by the South Dakota Highway Patrol in Lawrence County. Deal is prohibited from possessing firearms and ammunition based on at least one felony drug conviction in Colorado.
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. Attorney General Jeff Sessions 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 South Dakota Division of Criminal Investigation, the South Dakota Highway Patrol, the Department of Homeland Security, Missoula Montana Police Department, and the Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Deal was immediately turned over to the custody of the U.S. Marshals Service.
Porcupine Woman Sentenced to 40 Years in Federal Prison for Killing ChildRead the Press Release
United States Attorney Ron Parsons announced that a Porcupine, South Dakota, woman convicted of Second Degree Murder was sentenced on July 17, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Katrina Pauline Shangreaux, a/k/a Katrina Shangreau, a/k/a Katrina White Whirlwind, age 30, was sentenced to 40 years in federal prison, to be followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Shangreaux was charged on August 9, 2016. The conviction relates to Shangreaux killing her own child by hitting, kicking, and biting him in July 2016 at Porcupine.
U.S. Attorney Parsons expressed great satisfaction with the collaborative investigation between federal and tribal officials. "Only by working together to vindicate the rights of victims of crime, particularly those most vulnerable among us, can we achieve results such as this," said Parsons.
"While no sentence will bring Kylen back or take away the pain from his death, we are pleased with a sentence that ensures the defendant cannot harm another child again," said Jill Sanborn, Special Agent in Charge of the FBI's Minneapolis Division. "I am grateful that the collective efforts of the Oglala Tribe's Department of Public Safety, the Bureau of the Indian Affairs, the U.S. Attorney's Office and our FBI Agents assigned to this case helped bring justice to a helpless little boy who couldn't defend himself."
The investigation was conducted by the Federal Bureau of Investigation, the Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorneys Sarah B. Collins and Megan J. Poppen prosecuted the case.
Shangreaux was immediately turned over to the custody of the U.S. Marshals Service.
Pine Ridge Man Found Guilty in Death of ChildRead the Press Release
United States Attorney Ron Parsons announced that Zachariah Michael Poor Bear, 24, of Pine Ridge, South Dakota, was convicted of First Degree Murder and Assault Resulting in Serious Bodily Injury following a four-day federal jury trial held in U.S. District Court in Rapid City. The guilty verdict was returned on July 13, 2018.
The penalty is mandatory lifetime imprisonment, a $250,000 fine, and a $100 special assessment to the Federal Crime Victims Fund.
The conviction stemmed from Poor Bear killing a 19 month-old baby by inflicting blunt force trauma to her head and abdomen, in May 2015 at Pine Ridge.
The investigation was conducted by the Federal Bureau of Investigation, the Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorneys Sarah Collins and Eric Kelderman prosecuted the case.
A presentence investigation was ordered and a sentencing date will be set. The defendant was remanded to the custody of the U.S. Marshals Service.
Corson County Man Sentenced to Nearly 5 Years for Domestic Assault by an Habitual OffenderRead the Press Release
United States Attorney Ron Parsons announced that Milo Reuben Red Tomahawk, age 38, of Little Eagle, South Dakota, was sentenced to 57 months in federal prison for his conviction of Domestic Assault by an Habitual Offender.
U.S. District Judge Charles B. Kornmann pronounced the sentence in federal court in Aberdeen, South Dakota. Red Tomahawk was also ordered to serve three years of supervised release after his release from prison and to pay a $100 special assessment to the Federal Crime Victims Fund.
According to court filings, Red Tomahawk unlawfully committed a domestic assault upon the victim, when at the time of the domestic assault, he had a final conviction on at least two separate prior occasions, for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse and intimate partner. This assault took place in May 2017.
The investigation was conducted by the Bureau of Indian Affairs-Office of Justice Services and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Red Tomahawk was immediately remanded to custody to continue serving his sentence.
30 Years in Federal Prison for Fort Worth Man Convicted of Aggravated Sexual Abuse of a ChildRead the Press Release
United States Attorney Ron Parsons announced that Ira Alan Arias, age 42, of Fort Worth, Texas, and Sisseton, South Dakota, was sentenced to 30 years in federal prison following a federal jury’s guilty verdicts on three counts of Aggravated Sexual Abuse of a Child.
U.S. District Judge Roberto A. Lange pronounced the sentence in federal court in Aberdeen, South Dakota. Arias was also ordered to serve six years of supervised release after his release from prison and to pay $300 in special assessments to the Federal Crime Victims Fund.
On or about May 3, 2015, Arias forcefully engaged in three sexual acts with the victim, who was 14 years old at the time of the sexual abuse. Arias was the victim’s uncle. The sexual abuse occurred in a hotel room in Codington County.
At the sentencing hearing, the district judge stated that Arias “not only used but dehumanized” the victim. The district judge also stated that the sentencing “brings some sort of closure” and that our “system of justice does work.”
This case was investigated by the Federal Bureau of Investigation and was prosecuted by Assistant U.S. Attorney Jeremy R. Jehangiri.
Arias was immediately remanded to custody to continue serving his sentence.
144 Months in Federal Prison for McLaughlin Man Convicted of Voluntary ManslaughterRead the Press Release
United States Attorney Ron Parsons announced that Sinjin Cameron, age 25, of McLaughlin, South Dakota, was sentenced to 144 months in federal prison for his conviction of Voluntary Manslaughter.
U.S. District Judge Charles B. Kornmann pronounced the sentence in federal court in Aberdeen, South Dakota. Cameron was also ordered to serve three years of supervised release after his release from prison and to pay a $100 special assessment to the Federal Crime Victims Fund.
According to court filings, between the 2nd and 3rd days of September, 2017, at McLaughlin, in Corson County, South Dakota, the defendant, Sinjin Cameron, committed voluntary manslaughter by unlawfully killing a human being, upon a sudden quarrel and heat of passion. Cameron continued assaulting the victim after he was knocked unconscious. The victim died from blunt force trauma to the head.
This case was investigated by the Bureau of Indian Affairs – Office of Justice Services and the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorney Jeremy R. Jehangiri.
Cameron was immediately remanded to custody to continue serving his sentence.
Wanblee Man Sentenced for Participating in a High Speed Chase and Shooting IncidentRead the Press Release
United States Attorney Ron Parsons announced that a Wanblee, South Dakota, man convicted of Aiding and Abetting and Discharging a Firearm During Commission of a Crime of Violence was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Austin Lee Chipps, Sr., age 24, was sentenced on July 6, 2018, to 10 years in federal prison, to be followed by 4 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Chipps was charged on May 23, 2017. The charge related to Chipps driving at speeds over 100 miles per hour in order to elude Oglala Sioux Tribal police officers, who attempted to stop his vehicle. During the chase, other individuals in the vehicle fired at the officers with an AR 15 rifle, which they had previously stolen.
This case was investigated by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Chipps was immediately turned over to the custody of the U.S. Marshals Service.
Wanblee Man Sentenced for First Degree BurglaryRead the Press Release
United States Attorney Ron Parsons announced that a Wanblee, South Dakota, man convicted of First Degree Burglary was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Benjamin Quiver, age 46, was sentenced on July 6, 2018, to 2 years in federal prison, to be followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The conviction stems from Quiver entering the residence of an individual in the nighttime near Wanblee on September 22, 2016, and stealing a handgun from a holster before leaving the residence.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Quiver was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Woman Sentenced for False StatementRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, woman convicted of False Statement was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Michelle Elbow Shield, age 20, was sentenced on July 6, 2018, to 3 months in federal prison, to be followed by 2 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Elbow Shield was indicted for the charge by a federal grand jury in October 2017. The charge related to Elbow Shield making a false statement to a special agent with the Federal Bureau of Investigation about an investigation of an assault that took place in February 2017.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Elbow Shield was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Bank Fraud and Tax EvasionRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of federal Bank Fraud and Tax Evasion charges was sentenced on July 9, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Brent Bednarz, age 44, was sentenced to 9 years and 7 months in federal prison, to be followed by 5 years of supervised release, and ordered to pay $1,050,238.64 in restitution and a $100 special assessment to the Federal Crime Victims Fund on the Bank Fraud charge. Bednarz was also sentenced to 5 years in federal prison, to be followed by 3 years of supervised release, and ordered to pay $490,873.00 in restitution and a $100 special assessment to the Federal Crime Victims Fund on the Tax Evasion charge, with the prison time to run concurrent.
The conviction stems from Bednarz managing the former Rapid Motors used car dealership in Rapid City, and thereafter stealing over one million dollars from the business’s owner. At the same time, Bednarz failed to pay federal income on his earnings and on the additional money he stole.
This case was investigated by Internal Revenue Service – Criminal Investigation and the Federal Bureau of Investigation. Supervisory Assistant U.S. Attorney Gregg S. Peterman and Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Lake Andes Man Sentenced to 37 Months in Federal Prison for Assault on ChildRead the Press Release
United States Attorney Ron Parsons, announced that a Lake Andes, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on July 9, 2018, by U.S. District Judge Karen E. Schreier.
Jerrad Dean Clairmont, age 20, was sentenced to 37 months in custody, followed by two years of supervised release after serving his prison sentence. He was also ordered to pay $100 to the Federal Crime Victims Fund. Clairmont served an additional three months in tribal custody.
According to court documents, on or about the 5th day of April 2017, at Wagner, in Charles Mix County, South Dakota, Clairmont unlawfully assaulted a child who had not attained the age of 18 years, and said assault resulted in life-threatening or permanent bodily injury.
During the assault, Clairmont shook the victim. The victim, approximately four months old at the time of the assault, suffered severe head, brain, and eye trauma, and he was placed on life support. Because of the victim’s age and small size, the victim was vulnerable during the assault and defendant knew of the victim’s physical attributes.
The investigation was conducted by the Yankton Sioux Tribe’s Law Enforcement and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Clairmont, who was in custody during the pendency of the court proceedings, was immediately returned to the custody of the U.S. Marshal’s Service.
Eagle Butte Man Sentenced for Felon in Possession of a FirearmRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on July 9, 2018, by U.S. District Judge Roberto A. Lange.
D’Boy Condon, age 40, was sentenced to 6 months in federal prison, followed by 4 months of home confinement, 2 years of supervised release, forfeiture of a Western Field, model M732, .30-06 caliber rifle, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Condon was indicted by a federal grand jury on October 17, 2017. He pled guilty on March 22, 2018.
The conviction stemmed from an incident that occurred on March 31, 2016, in Eagle Butte. On that day, Condon was found with the .30-06 caliber rifle wrapped inside a blanket on the couch where he was sitting. It was reported that the rifle was received by Condon as payment, and earlier in the evening, Condon was pointing the rifle at another person.
Condon was convicted of Assaulting a Federal Officer in 2001, making it illegal for him to possess firearms. Condon will forfeit ownership of the rifle to the United States.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions 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 Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Condon was immediately turned over to the custody of the U.S. Marshals Service.
U.S. Attorney’s Office Settles Lawsuit Against South Dakota LandlordRead the Press Release
RAPID CITY, SD – United States Attorney Ron Parsons announced that the United States has reached a settlement agreement with a Rapid City landlord to resolve a lawsuit alleging discrimination on the basis of sex and familial status, in violation of the Fair Housing Act.
The lawsuit arose from a complaint filed with the U.S. Department of Housing and Urban Development (“HUD”). After the parties failed to resolve allegations administratively, the matter was brought to federal court, where the United States alleged that Amie Kelly violated the Fair Housing Act when she discriminated against Jennifer Seiler on the basis of sex and familial status. Specifically, the United States alleged that on July 20, 2015, Ms. Kelly sent Ms. Seiler a copy of a lease agreement that contained the following provision: “No minor under the age of 18 is to be allowed to be on or about the premises without adult supervision.” The United States further alleged that on July 23, 2015, after a series of correspondence with Ms. Seiler, Ms. Kelly denied her the opportunity to rent a housing unit. Ms. Kelly communicated the denial by email, representing that she had decided to rent to a bachelor, instead: “In the past, I have always rented to bachelors, that has worked best.” Lastly, the United States alleged that on or around July 28, 2015, five days after Ms. Kelly represented to Ms. Seiler that a particular housing unit was unavailable, Ms. Kelly made the unit available to a bachelor.
Under the settlement, which does not constitute an admission of liability, Ms. Kelly will pay Ms. Seiler $3,000 in monetary damages. As part of the agreement, Ms. Kelly will also implement nondiscrimination policies and procedures, partake in fair housing training, refrain from engaging in any prohibited conduct in the future, and make periodic reports to the department regarding compliance.
The federal Fair Housing Act prohibits discrimination in housing on the basis of disability, race, color, religion, national origin, sex, and familial status. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Individuals who believe they may have been victims of housing discrimination can call the Justice Department at 1-800-896-7743, email the Justice Department at [email protected], or contact HUD at 1-800-669-9777. Individuals residing within South Dakota may also contact Alison Ramsdell, Civil Rights Coordinator for the U.S. Attorney’s Office for the District of South Dakota, at (605) 330-4400.
National Health Care Fraud Takedown Results in Charges Against 601 Individuals Responsible for over $2 Billion in Fraud LossesRead the Press Release
Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Alex M. Azar III, announced the largest ever health care fraud enforcement action involving 601 charged defendants across 58 federal districts, including 165 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving more than $2 billion in false billings. Of those charged, 162 defendants, including 76 doctors, were charged for their roles in prescribing and distributing more than 13 million illegal dosages of opioids and other dangerous narcotics. Thirty state Medicaid Fraud Control Units also participated in the arrests. In addition, HHS announced that from July 2017 to the present, it has excluded 2,700 individuals from participation in Medicare, Medicaid, and all other Federal health care programs, which includes 587 providers excluded for conduct related to opioid diversion and abuse.
United States Attorney for the District of South Dakota, Ron Parsons, announced that two of the people indicted as part of the 2018 Health Care Fraud Takedown were charged in the District of South Dakota:
Robert Fox, Jr., 35 of Wagner, South Dakota, was indicted in the District of South Dakota on June 6, 2018, on two counts of obtaining controlled substances by fraud. The charges allege that Fox acquired and obtained and attempted to acquire and obtain hydrocodone by misrepresentation, fraud, forgery, deception, and subterfuge, and that Fox has a previous conviction for the same offense. This case is being handled by Assistant U.S. Attorney Ann Hoffman.
Kristin Deboer, 49 of Caldwell, Idaho, was indicted in the District of South Dakota on June 25, 2018, on one count of Wire Fraud. The charges allege that Deboer fraudulently conducted a wire transfer from a banking account belonging to the Oglala Sioux Tribe, to an account belonging to All Around Sports, L.L.C., at Idaho Central Credit Union in the State and District of Idaho. The amount of the wire transfer was $54,000. This case is being handled by Assistant U.S. Attorney Jeremy R. Jehangiri.
The national enforcement actions were led and coordinated by the Criminal Division, Fraud Section’s Health Care Fraud Unit in conjunction with its Medicare Fraud Strike Force (MFSF) partners, a partnership between the Criminal Division, U.S. Attorney’s Offices, the FBI and HHS-OIG. In addition, the operation includes the participation of the DEA, DCIS, IRS-CI, Department of Labor, other various federal law enforcement agencies, and State Medicaid Fraud Control Units.
The charges announced aggressively target schemes billing Medicare, Medicaid, TRICARE (a health insurance program for members and veterans of the armed forces and their families), and private insurance companies for medically unnecessary prescription drugs and compounded medications that often were never even purchased and/or distributed to beneficiaries. The charges also involve individuals contributing to the opioid epidemic, with a particular focus on medical professionals involved in the unlawful distribution of opioids and other prescription narcotics, a particular focus for the Department. According to the CDC, approximately 115 Americans die every day of an opioid-related overdose.
According to court documents, the defendants allegedly participated in schemes to submit claims to Medicare, Medicaid, TRICARE, and private insurance companies for treatments that were medically unnecessary and often never provided. In many cases, patient recruiters, beneficiaries and other co-conspirators were allegedly paid cash kickbacks in return for supplying beneficiary information to providers, so that the providers could then submit fraudulent bills to Medicare. Collectively, the doctors, nurses, licensed medical professionals, health care company owners and others charged are accused of submitting a total of over $2 billion in fraudulent billings. The number of medical professionals charged is particularly significant, because virtually every health care fraud scheme requires a corrupt medical professional to be involved in order for Medicare or Medicaid to pay the fraudulent claims. Aggressively pursuing corrupt medical professionals not only has a deterrent effect on other medical professionals, but also ensures that their licenses can no longer be used to bilk the system.
The cases announced are being prosecuted and investigated by U.S. Attorney’s Offices nationwide, along with Medicare Fraud Strike Force teams from the Criminal Division’s Fraud Section and from the U.S. Attorney’s Offices in the Southern District of Florida, Eastern District of Michigan, Eastern District of New York, Southern District of Texas, Central District of California, Eastern District of Louisiana, Northern District of Texas, Northern District of Illinois, Middle District of Louisiana, and the Middle District of Florida; and agents from the FBI, HHS-OIG, DEA, DCIS, IRS-CI, Department of Labor, other various federal law enforcement agencies, and state Medicaid Fraud Control Units.
A complaint, information, or indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Additional documents related to this announcement are available here: https://www.justice.gov/opa/documents-and-resources-june-28-2018
This operation also highlights the great work being done by the Department of Justice’s Civil Division. In the past fiscal year, the Department of Justice, including the Civil Division, has collectively won or negotiated over $2 billion in judgements and settlements related to matters alleging health care fraud.
Rapid City Man Sentenced for Conspiracy to Distribute MethamphetamineRead 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 June 29, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Daniel Richards, age 34, was sentenced to 210 months custody in federal prison, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Beginning May 2017, Richards conspired and agreed with other persons, to intentionally distribute between 5 and 15 kilograms of methamphetamine in western South Dakota. Additional persons involved in this conspiracy are pending trial.
This case was investigated by the Unified Narcotics Enforcement Team, Bureau of Alcohol, Tobacco, Firearms and Explosives, South Dakota Division of Criminal Investigation, Pennington County Sheriff’s Office, and Rapid City Police Department. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Richards was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Indicted for Internet Transfer of Obscene MaterialRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man was charged in federal district court with Receipt of Obscene Visual Representations of the Sexual Abuse of Children, Possession of Obscene Visual Representations of the Sexual Abuse of Children, and Transportation of Obscene Matter.
Andrew Hallock, 48, was charged on June 19, 2018. Hallock appeared before U.S. Magistrate Judge Daneta Wollmann on June 22, 2018, and pleaded not guilty to the charges. The penalty upon conviction is a mandatory minimum of 5 years up to 20 years in federal prison and/or a $250,000 fine, a minimum of 5 years up to lifetime supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Hallock knowingly receiving, possessing, and producing obscene, sexually explicit drawings and cartoons of minors between October 2015 and January 2018 via the internet. The charges are merely an accusation and Hallock is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Internet Crimes Against Children Taskforce. Assistant U.S. Attorney Sarah Collins is prosecuting the case.
Hallock was detained pending trial. A trial date has not been set.
Rapid City Man Charged with Firearm CrimeRead 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.
Michael Wiseley, age 35, was charged on June 19, 2018. He appeared before U.S. Magistrate Judge Daneta Wollmann on June 29, 2018, 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 of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Wiseley, a previously convicted felon who is prohibited from possession firearms, knowingly possessing a semi-automatic pistol. The charge is merely an accusation and Wiseley is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
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. Attorney General Jeff Sessions 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.
Wiseley was detained pending trial. A trial date has not been set.
Nebraska Woman Sentenced for Making a False StatementRead the Press Release
United States Attorney Ron Parsons announced that a Walthill, Nebraska, woman convicted of False Statement was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Wehnona Stabler, age 60, was sentenced on June 29, 2018, to12 months of unsupervised probation and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Stabler was charged on June 20, 2017. The conviction stems from Stabler making a false statement in January 2014 on a Confidential Financial Disclosure Report, while an employee of Indian Health Service at Pine Ridge, related to a $5,000 payment she received from Dr. Stanley Patrick Weber. Weber is currently under indictment for multiple counts of sex abuse with minors arising when he was a pediatrician at IHS Pine Ridge.
The investigation is being conducted by the Office of Inspector General, Health and Human Services. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
First Nationwide Undercover Operation Targeting Darknet Vendors Results in Arrests of More Than 35 Individuals Selling Illicit Goods and the Seizure of Weapons, Drugs, and More Than $23.6 MillionRead the Press Release
SIOUX FALLS, SD – United States Attorney Ron Parsons announced that John Edward Monette, 49, of Sioux Falls, South Dakota, has been indicted as part of a national undercover operation targeting Darknet vendors. Monette was indicted on May 8, 2018, for Conspiracy to Distribute a Controlled Substance.
The Department of Justice, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), the U.S. Secret Service (USSS), the U.S. Postal Inspection Service (USPIS) and the U.S. Drug Enforcement Administration (DEA), announced the results of a year-long, coordinated national operation that used the first nationwide undercover action to target vendors of illicit goods on the Darknet. Special Agents of the HSI New York Field Division, in coordination with the U.S. Attorney’s Office for the Southern District of New York, posed as a money launderer on Darknet market sites, exchanging U.S. currency for virtual currency. Through this operation, HSI New York was able to identify numerous vendors of illicit goods, leading to the opening of more than 90 active cases around the country. The Money Laundering and Asset Recovery Section (MLARS) of the Department of Justice’s Criminal Division, working with more than 40 U.S. Attorney’s Offices throughout the country, coordinated the nationwide investigation of over 65 targets, that lead to the arrest and impending prosecution of more than 35 Darknet vendors.
John Edward Monette was identified by HSI New York during an undercover operation as having exchanged Bitcoin for cash on numerous occasions. Between May 31, 2017, and October 24, 2017, HSI New York conducted 11 undercover Bitcoin for U.S. currency transactions with Monette that totaled $19,000. Monette was also identified as the intended recipient of numerous international mail seizures containing MDMA.
MDMA (3, 4-methylenedioxymethamphetimine, also known as ecstasy) is an illegal synthetic drug that causes both hallucinogenic and stimulant effects. Most MDMA users are teenagers or young adults. MDMA is a Schedule I substance under the Controlled Substances Act. Schedule I substances, which include heroin and LSD, have a high potential for abuse and serve no legitimate medical purpose.
“Criminals believing that their illicit activities on the so-called Darknet will elude the attention of law enforcement had better think again,” said U.S. Attorney Parsons. “This operation is just the beginning.”
This extensive Darknet operation, which culminated in four weeks of more than 100 enforcement actions around the country, resulted in the following:
- Federal arrests of more than 35 Darknet vendors who engaged in tens of thousands of sales of illicit goods;
- Execution of 70 search warrants, resulting in the seizure of massive amounts of illegal narcotics, including 333 bottles of liquid synthetic opioids, over 100,000 tramadol pills, 100 grams of fentanyl, more than 24 kilograms of Xanax, and additional seizures of Oxycodone, MDMA, cocaine, LSD, marijuana, and a psychedelic mushroom grow found in a residence;
- Seizure of more than 100 firearms, including handguns, assault rifles, and a grenade launcher;
- Seizure of five vehicles that were purchased with illicit proceeds and/or used to facilitate criminal activity;
- Seizure of more than $3.6 million in U.S. currency and gold bars;
- Seizure of nearly 2,000 Bitcoins and other cryptocurrencies, with an approximate value of more than $20 million;
- Confiscation of 15 pill presses, which are used to create illegal synthetic opioids; and
- Seizure of Bitcoin mining devices, computer equipment, and vacuum sealers.
In addition to Monette, others who have been charged federally, include:
- Antonio Tirado, 26, and Jeffrey Morales, 32, of the Bronx, New York, were arrested on June 18, and separately charged by the U.S. Attorney’s Office for the Southern District of New York with distribution and possession with intent to distribute narcotics, including cocaine, LSD (also known as “acid”), marijuana, and hashish oil. Additionally, Tirado was charged with possession of a firearm in furtherance of his drug trafficking offenses. Following an investigation into a Darknet marketplace vendor using the moniker “Trapgod,” investigators executed search warrants at homes in two residential neighborhoods in the Bronx leading to Tirado and Morales. As alleged in the complaints, during the execution of the search warrants at the Tirado and Morales residences, agents seized controlled substances including powder cocaine, marijuana, and LSD, as well as various precursor powders, liquids, and reagents, and other narcotics-related paraphernalia including marijuana growing equipment, a home chemistry lab, scales, and heat sealing packaging materials. In Tirado’s home, agents recovered a fully loaded shotgun alongside a narcotics stash. Investigators in Tirado’s apartment recovered additional evidence of Darknet narcotics distribution, such as numerous U.S. Postal Service shipping boxes, already addressed to customers around the United States, which boxes contained hairbrushes some of which had already been packed with powder cocaine for distribution.
- Jian Qu, 30; Raymond Weng, 24; and Kai Wu, 22, all of Queens, New York, along with Dimitri Tseperkas, 22, and Cihad Akkaya, 22, of Middle Island and Port Jefferson, New York, respectively, were each arrested on June 18, and charged by the U.S. Attorney’s Office for the Southern District of New York with participation in a conspiracy to distribute more than 1,000 kilograms of marijuana. Tseperkas and Akkaya were also charged with firearms offenses relating to the drug conspiracy. Investigators monitoring Darknet marketplaces found accounts used by some of the conspirators, leading agents to execute search warrants at three addresses in residential communities in Flushing and Mt. Sinai, New York. From the residences, agents recovered approximately $400,000 in U.S. currency, 140 kilograms of suspected marijuana and an additional 10 kilograms of suspected marijuana vape cartridges, 12 kilograms of suspected Xanax pills, over half a kilogram of suspected ecstasy, four pill presses, mixers, and pill press parts, over a dozen kilograms of various powders, packaging materials, and paraphernalia. While searching the residence where Akkaya and Tseperkas were found, investigators recovered three loaded shotguns, including a tactical double-barreled shotgun loaded with 14 shells, and over 50 shotgun shells, as well as significant quantities of narcotics, packaging materials, and paraphernalia including a money-counting machine. Review of electronic evidence recovered from the residences proved the conspirators’ connections to Darknet marketplaces, use of cryptocurrency, and narcotics distribution schemes.
- Ryan Farace, 34, of Reisterstown, Maryland, and Robert Swain, 34, of Freeland, Maryland, were charged by the U.S Attorney’s Office for the District of Maryland related to a scheme to manufacture and distribute alprazolam tablets, which are typically sold under the brand name “Xanax.” The indictment alleges that Farace distributed the drugs through sales on the dark web in exchange for Bitcoin, and that Farace and Swain laundered the drug proceeds through financial transactions designed to conceal the source and ownership of the illegal funds. To date, law enforcement has seized various crypto currency, to include bitcoin, valued at over $22 million at the time of the seizures, and over $1.5 million in cash, which was seized from Farace’s residence upon the execution of a search warrant on Jan. 18. As part of the indictment, the government seeks the forfeiture of no less than $5.665 million, plus the value of 4,000 Bitcoin believed to be the proceeds of the illegal drug sales, two residences, and a vehicle used to facilitate the drug distribution.
- Nicholas J. Powell, 32, and Michael Gonzalez, 27, former and current residents of Parma, Ohio, respectively, were charged by the U.S. Attorney’s Office for the Northern District of Ohio with conspiracy to distribute controlled substances and laundering money using the dark web. The complaint alleges that Powell used various monikers on Darknet marketplaces as part of his criminal scheme, including “TheSource,” “BonnienClyde,” BnC,” “BCPHARMA,” and “Money TS.” The conspiracy operated on multiple Darknet marketplaces, including Silk Road 2, AlphaBay, and HANSA. The conspiracy involved distributing Xanax, steroids, marijuana and other drugs across the country using these and other Darknet monikers. Powell and Gonzalez would then launder the funds as cryptocurrencies such as Bitcoin, Etherium, and Komodo through individuals specializing in money laundering on Darknet marketplaces. At the time of arrest, law enforcement had already seized approximately $437,000 in cryptocurrencies from Powell.
- Jose Robert Porras III, 21, and Pasia Vue, 23, both of Sacramento, were charged with drug distribution, money laundering, and illegally possessing firearms, in a 16-count indictment returned by a grand jury in the Eastern District of California. According to the indictment, Porras and Vue were using the online monikers “Cannabars” and “TheFastPlug,” to distribute marijuana, Xanax, and methamphetamine on various dark web marketplaces, including Trade Route, Wall Street Market, and Dream Marketplace. Porras and Vue then laundered the Bitcoin proceeds of their drug distribution through the HSI undercover agent located in New York. After receiving the Bitcoin from Porras and Vue, the undercover agent mailed parcels of cash to them in Sacramento. HSI and USPIS agents seized nine weapons including an AK-47 magazine and ammunition, 30 pounds of marijuana, $10,000 in U.S. currency, a vehicle, and over 100 bars of Xanax.
- Sam Bent, 32, of St. Johnsbury, Vermont (and formerly of East Burke, Vermont), and his cousin, Djeneba Bent, 26, also of St. Johnsbury (and formerly East Burke) were charged with conspiracy to distribute LSD, MDMA (also known as “ecstasy”), cocaine, and marijuana in an indictment returned by a federal grand jury in the District of Vermont. The indictment alleges that the conspiracy involved setting up accounts on dark web marketplaces, establishing online identities, accepting Bitcoin in exchange for sales over the dark web, and mailing controlled substances from several different post offices in Northeastern Vermont and Northwestern New Hampshire in an effort to avoid detection. The indictment also charges Sam Bent with four counts of money laundering involving three different exchanges of bitcoin drug distribution proceeds for U.S. currency.
- In Fresno, California, a federal grand jury returned an 11-count indictment on May 17, against Daniel Boyd McMonegal, 35, of San Luis Obispo and Mariposa, California, charging him with drug distribution and money laundering in the Eastern District of California. According to the indictment, McMonegal, using the online monikers “Sawgrass,” “Ross4Less,” and “ChristmasTree,” distributed marijuana on various dark web marketplaces, including Dream Market. McMonegal was also the owner of a marijuana delivery service in San Luis Obispo called West Coast Organix, which claimed to be a non-profit medical marijuana cooperative. McMonegal then laundered the Bitcoin proceeds of his drug distribution through an undercover agent located in New York. After receiving the Bitcoin from McMonegal, the undercover agent mailed parcels of cash to McMonegal in San Luis Obispo and Mariposa.
More than 50 Darknet vendor accounts were identified and attributed to the real individuals selling illicit goods on Darknet market sites such as Silk Road, AlphaBay, Hansa, Dream, and others. HSI-New York Field Division and MLARS coordinated with law enforcement and federal prosecutors to investigate 65 targets identified by the undercover operation in more than 50 Federal districts, including: the District of Arizona, the Eastern District of Arkansas, the Western District of Arkansas, the Central District of California, the Eastern District of California, the Northern District of California, the Southern District of California, the District of Colorado, the District of Connecticut, the Middle District of Florida, the Northern District of Florida, the Southern District of Florida, the Northern District of Iowa, the District of Kansas, the District of Maryland, the Eastern District of Michigan, the District of Minnesota, the Eastern District of North Carolina, the Western District of North Carolina, the District of New Hampshire, the Northern District of New York, the Southern District of New York, the Western District of New York, the District of North Dakota, the Northern District of Ohio, the Southern District of Ohio, the District of Oregon, the Eastern District of Pennsylvania, the Middle District of Pennsylvania, the District of South Carolina, the District of South Dakota, the Eastern District of Texas, the Northern District of Texas, the Southern District of Texas, the Western District of Texas, the Eastern District of Virginia, the District of Vermont, the Eastern District of Washington, and the Western District of Washington. FBI was part of the investigative team in the Northern District of California.
The investigation is ongoing.
The charges and allegations contained in an indictment are merely accusations and defendants are considered innocent unless and until proven guilty.
Eagle Butte Man Charged with AssaultRead 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 Assault With a Dangerous Weapon, Assault by Strangulation and Suffocation, Child Abuse, and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.
Carl Iron Hawk, age 38, was indicted on June 19, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 27, 2018, 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 or about February 24, 2018, Iron Hawk assaulted his intimate partner by strangulation, suffocation, and with a dangerous weapon, which caused serious bodily injury to the victim. The Indictment further alleges that Iron Hawk abused two victims who had not attained the age of seven (7) years old.
The charges are merely accusations and Iron Hawk is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Iron Hawk was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set.
Deadwood Man Sentenced for Conspiracy to Distribute a Controlled SubstanceRead the Press Release
United States Attorney Ron Parsons announced that a Deadwood, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Michael Mamola, age 41, was sentenced on June 29, 2018, to 96 months in federal prison, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Mamola was charged on January 24, 2017. The conviction stems from Mamola conspiring with another person to distribute more than 50 grams of methamphetamine near Deadwood.
This case was investigated by the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Mamola was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced to 25 Years in for Role in Methamphetamine ConspiracyRead the Press Release
United States Attorney Ron Parsons announced that Quadiri Ayodele, age 38, of Sioux Falls, South Dakota, was sentenced to 25 years in prison on June 19, 2018, by U.S. District Court Judge Karen E. Schreier. Ayodele was convicted of conspiracy to distribute a controlled substance, 500 grams or more of methamphetamine, and of violating the supervised release conditions stemming from his 2008 federal conviction for conspiracy to distribute and possession with intent to distribute a controlled substance.
Ayodele’s time in prison will be followed by ten years of supervised release. He was also ordered to pay $100 to the Federal Crime Victim’s Fund. Ayodele was indicted by a federal grand jury on October 11, 2017. He pled guilty on January 25, 2018.
The investigation of Ayodele revealed his leadership of a drug ring that was responsible for transporting several pounds of of methamphetamine from Phoenix, Arizona, to South Dakota. A search warrant was executed Ayodele’s motel room in Sioux Falls, and at which law enforcement located approximately 100 grams of methamphetamine. Ayodele was later apprehended in Nebraska, where law enforcement located approximately 294 grams of methamphetamine in his backback. The District Court found that Ayodele’s drug dealing scheme involved several participants traveling to and from Arizona for the purpose of transporting illegal drugs to sell in South Dakota, and that the drug ring was Ayodele’s primary source of income while he was involved.
This case was investigated by the Sioux Falls Area Drug Task Force, the South Dakota Highway Patrol, the Arizona Department of Public Safety, the Arizona Highway Patrol, the Nebraska State Patrol, and the Drug Enforcement Administration. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Ridgeview Man Charged with AssaultRead the Press Release
United States Attorney Ron Parsons announced that a Ridgeview, South Dakota, man has been indicted by a federal grand jury for Assault With a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
William Fielder, age 55, was indicted on June 19, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 26, 2018, 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, 2 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about November 19, 2017, Fielder assaulted an individual with a dangerous weapon and said assault resulted in serious bodily injury.
The charges are merely accusations and Fielder 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.
Fielder 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 Drug Conspiracy in Operation Broken Wing - Large Methamphetamine 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 (methamphetamine) was sentenced on June 25, 2018, by Chief Judge, Jeffrey L. Viken, U.S. District Court.
Arrow Lynn Curry, age 25, was sentenced to 96 months in federal prison, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Curry was previously found guilty by a federal jury to Conspiracy to Distribute a Controlled Substance, on April 20, 2017.
Beginning December 2014, Curry conspired and agreed with other persons, to intentionally distribute methamphetamine in western South Dakota.
Also in connection with this conspiracy, dubbed Operation Broken Wing, James Lahoe, Timothy Bluehorse, Stanley Bluehorse, Sara Cordova, Elizabeth Cordova, Reymundo Cordova, Jose Rivera, Marion Orozco, Porshe Sansberry, Susie Hubner, Albert Nagel, Dionisio Munoz-Torres, and Cory Tobacco, were charged and pleaded guilty to various drug and firearm charges.
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 was investigated by the United States Postal Inspection Service, Unified Narcotics Enforcement Team, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, South Dakota Division of Criminal Investigation, and Pennington County Sheriff’s Office. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Curry was immediately turned over to the custody of the U.S. Marshals Service.
Lower Brule Woman Sentenced for AssaultRead the Press Release
United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on June 27, 2018, by U.S. District Judge Roberto A. Lange.
Megan Crazy Bull, age 22, was sentenced to 24 months in federal prison, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Crazy Bull was indicted by a federal grand jury on February 14, 2018. She pled guilty on April 19, 2018.
The conviction stems from an incident on November 10, 2017, when while an inmate in the Lower Brule Detention Center, Megan Crazy Bull, began to act out in her cell. When correctional officers went to her cell to have her calm down, they observed she was holding a pencil over her head “like a knife” and shouting she was going to harm herself. Officers opened the door and Crazy Bull dropped the pencil and climbed up on her bunk. Officers ordered her to come down off the bunk and exit her cell, but she refused to do so and a restraint chair was brought outside the cell. Correctional officers entered the cell in order to remove her and place her in the restraint chair, at which point Crazy Bull stiffened up and began to actively resist the officers. During the struggle, she began to spit and kick at the officers. She was eventually secured in the chair and a spit hood was placed on her before being placed back in her cell.
This case was investigated by the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Crazy Bull was immediately turned over to the custody of the U.S. Marshals Service.