District of South Dakota
Press releases recorded for this federal judicial district.
Fort Thompson Man Charged with Sexual AbuseRead the Press Release
United States Attorney Ron Parsons announced that a Fort Thompson, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse.
Darrell Touche, age 43, was indicted on February 14, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 22, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody 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 October 20, 2016, and October 21, 2016, Touche knowingly caused and attempted to cause a female victim to engage in a sexual act by the use of force.
The charge is merely an accusation and Touche is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Touche was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Federal Jury Convicts Corson County Man of Domestic Assault and Tampering with VictimRead the Press Release
United States Attorney Ron Parsons announced that a Bullhead, South Dakota man, Alexander Oka, 27, was convicted by a federal jury for Domestic Assault by an Habitual Offender and for Tampering with a Victim. The jury returned the verdict on February 23, 2018.
According to court documents and evidence produced at trial, on July 5, 2017, Oka unlawfully committed a domestic assault upon the victim, when at the time of the domestic assault, Oka 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.
During this assault, Oka smacked the victim’s head, and then kicked the victim in the back while she was not looking, and while she was feeding the baby she shares with Oka. The kick caused the victim significant pain. After being arrested for the assault, Oka sent a letter from jail to the victim instructing her not to cooperate and not to show-up for court proceedings. Oka had been previously convicted in multiple cases of domestic abuse. These prior convictions took place in tribal and federal court.
The maximum penalty for Domestic Assault by an Habitual Offender is up to five years of imprisonment, and the maximum penalty for Tampering with a Victim is up to twenty years of imprisonment. Each conviction also carries a maximum $250,000 fine and/or imprisonment, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The investigation was conducted by the Bureau of Indian Affairs-Office of Justice Services. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Oka was ordered detained pending sentencing. A sentencing date has been tentatively set for May 14, 2018, in Pierre.
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 Indian Tribal Organization.
Calynn Gunville, age 27, was indicted on February 14, 2018. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 23, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between February 20, 2017, and August 18, 2017, Gunville willfully and knowingly stole, embezzled, and converted to her own use, money and funds belonging to the Lakota Thrifty Mart, an Indian tribal organization.
The charge is merely an accusation and Gunville 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.
Gunville was released on bond pending trial. A trial date has not been set.
Eagle Butte Man Charged with Drug and Firearm OffensesRead 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 Distribution of a Controlled Substance to Persons Under Age Twenty-One, Possession with Intent to Distribute a Controlled Substance, and Possession of a Firearm by a Prohibited Person.
Shaun Chayne Condon, age 32, was indicted on February 14, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 22, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 25 years in custody and/or a $750,000 fine, up to 9 years of supervised release, and up to $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on May 25, 2017, Condon knowingly and intentionally possessed with intent to distribute and distributed marijuana, a Schedule I controlled substance, to minors. The Indictment also alleges that Condon, having been an unlawful user of, and addicted to a controlled substance, knowingly received and possessed a Smith & Wesson 9mm hand gun.
The charges are merely accusations and Condon is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe and the Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Condon was released on bond pending trial, which has been set to April 17, 2018.
Agency Village Man Charged with Aggravated Sexual Abuse of a ChildRead the Press Release
United States Attorney Ron Parsons announced that an Agency Village, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child.
Sylanus Flute, age 23, was indicted on February 6, 2018. He appeared before U.S. Magistrate Judge William D. Gerdes on February 13, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life imprisonment and/or a $250,000 fine, 5 years and up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
According to the Indictment, between February and April of 2017, Flute engaged in sexual acts with a juvenile female. To perpetrate the sexual assault, Flute used force.
The charges are merely accusations and Flute is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Sisseton-Wahpeton Sioux Tribe’s Law Enforcement. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Flute was ordered detained pending trial. A trial date has been set for April 17, 2018.
Rapid City Man Sentenced for Possession of an Unregistered FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Possession of an Unregistered Firearm was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Vance Layne Woodford, age 45, was sentenced on February 22, 2018, to 2 years of probation, ordered to pay a $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund.
Woodford was indicted for the charge by a federal grand jury on February 22, 2017. The conviction stems from Woodford illegally being in possession of a firearm suppressor and a .223 caliber rifle in Rapid City on February 10, 2017.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Rapid City Man Sentenced for Illegally Possessing a FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Tyler Krebs, age 29, was sentenced on February 22, 2018, to time served, 2 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Krebs was indicted for the charge by a federal grand jury on June 21, 2016. The conviction stems from Krebs being found in possession of a 9mm pistol after a traffic stop in Rapid City on May 19, 2016, while being under the influence of a controlled substance.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Minnesota Man Sentenced to 210 Months for Travel with Intent to Engage in Illicit Sexual ConductRead the Press Release
United States Attorney Ron Parsons announced that a Pipestone, Minnesota, man convicted of Travel with Intent to Engage in Illicit Sexual Conduct was sentenced by U.S. District Judge Karen E. Schreier on February 26, 2018.
Roger Blaisdell, age 60, was sentenced to 210 months in custody, followed by 10 years of supervised release, and ordered to pay $100 to the Federal Crime Victims Fund.
Blaisdell was indicted for intent to engage in illicit sexual conduct and attempted production of child pornography by a federal grand jury on November 1, 2016. He pled guilty on October 12, 2017.
“Our office is fortunate to be able to work with the dedicated law enforcement teams at Homeland Security Investigations and ICE in putting criminals like this behind bars where they belong,” said U.S. Attorney Parsons. “Our children and our communities are safer today because of their efforts.”
On October 14, 2016, Blaisdell responded to an advertisement on the Craigslist internet website. Unknown to Blaisdell, an undercover law enforcement officer had placed the advertisement. Through a series of emails and text messages, Blaisdell arranged to have sexual contact with a 10-year-old female and a 13-year-old female at a hotel in Sioux Falls, South Dakota. On October 19, 2016, Blaisdell traveled from his residence in Pipestone to the hotel in Sioux Falls, where he had rented a room.
“This sentencing sends a very strong message to child predators that HSI is committed to working with federal prosecutors to protect children from sexual predators,” said Acting Special Agent in Charge Eugene Paulauskas of HSI St. Paul. “The men and women of HSI are dedicated to relentlessly seeking justice for the victims of these horrendous crimes.”
This case was investigated by U.S. Immigration and Customs Enforcement and the Department of Homeland Security. Assistant U.S. Attorney Jeff Clapper prosecuted the case.
Blaisdell was immediately turned over to the custody of the U.S. Marshals Service.
Lead Man Sentenced for Conspiracy to Distribute a Controlled SubstanceRead the Press Release
United States Attorney Ron Parsons announced that a Lead, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Timothy Conwell, age 37, was sentenced on February 23, 2018, to 71 months in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Conwell was indicted for the charge by a federal grand jury on January 24, 2017. The conviction stems from Conwell 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.
Conwell was immediately turned over to the custody of the U.S. Marshals Service.
St. Francis Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on February 21, 2018, by U.S. District Judge Roberto A. Lange.
Louis Andrew Rabbitt, Jr., age 37, was sentenced to 21 months in custody, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Rabbitt was indicted by a federal grand jury on September 12, 2017. He pled guilty on September 26, 2017.
Rabbitt was convicted of Sexual Abuse of a Minor in August 2001. As a result of this conviction, he is required to register as a sex offender. Between the dates of July 24, 2017, and July 31, 2017, Rabbitt did not register.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Daniel C. Nelson prosecuted the case. Rabbitt was immediately turned over to the custody of the U.S. Marshals Service.
Spring Creek Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Spring Creek, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on February 21, 2018, by U.S. District Judge Roberto A. Lange.
Lane Felix Knife, age 20, was sentenced to 6 months in custody, followed by 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Knife was indicted by a federal grand jury on October 17, 2017. He pled guilty on December 11, 2017.
The conviction stemmed from an incident on August 31, 2017. On that date, Knife resisted arrest and spit on the arm and shoulder of one of the corrections officers who was assisting in removing Knife from a patrol vehicle.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Daniel C. Nelson prosecuted the case. Knife was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on February 21, 2018, by U.S. District Judge Roberto A. Lange.
Annie Rose Gasman, age 33, was sentenced to 27 months in custody, followed by 4 years of supervised release, a fine of $1,000, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $100.
Gassman was indicted by a federal grand jury on June 14, 2017. She pled guilty on December 1, 2017.
Between August 1, 2015, and June 14, 2017, Gassman knowingly and intentionally conspired with others to distribute methamphetamine in the District of South Dakota.
Gassman received distributable quantities of methamphetamine and distributed some of the methamphetamine in South Dakota. The individuals who provided methamphetamine knew that she intended to engage in further distribution. Gassman admitted that it was reasonably foreseeable to her that more than 500 grams of methamphetamine would be distributed during the course of the conspiracy.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Gassman was immediately turned over to the custody of the U.S. Marshals Service.
Fort Thompson Man Charged with AssaultRead the Press Release
United States Attorney Ron Parsons announced that a Fort Thompson, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Casey World Turner, age 30, was indicted on February 14, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 22, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 28 years in custody and/or a $500,000 fine, 6 years of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on January 19, 2018, World Turner forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with an officer from the Bureau of Indian Affairs, while said officer was engaged in the performance of his official duties. World Turner used shod feet on the officer, which resulted in physical contact.
The charges are merely accusations and World Turner is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
World Turner was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Butte Man Sentenced for AssaultRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on February 21, 2018, by U.S. District Judge Roberto A. Lange.
Timothy Bear Eagle, age 33, was sentenced to 60 months in custody, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Bear Eagle was indicted by a federal grand jury on October 17, 2017. He pled guilty on December 1, 2017.
The conviction stems from an incident on September 7, 2017, when Bear Eagle was arrested by a police officer with the Cheyenne River Sioux Tribe, for being intoxicated at an elderly person’s home. Bear Eagle was transported and booked into the CRST Adult Detention Facility, within the Walter Miner Law Enforcement Detention Center in Eagle Butte.
Initially, Bear Eagle was compliant. He sat down and was taking off his shoes, when he heard over the law enforcement scanner that his girlfriend had also been arrested and was being brought in. Bear Eagle got angry, stood up, and threw his shoes to the floor. A correctional officer went to grab onto Bear Eagle and Bear Eagle went towards him in a threatening manner, swung his right arm, and struck the correctional officer with a closed fist on the left side of his face, next to his left ear. The blow broke the correctional officer’s jaw. Bear Eagle was immediately taken to the floor by other officers and handcuffed.
The correctional officer was taken to the Indian Health Services Emergency Room. He was then transported to Rapid City where his jaw was wired shut.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Bear Eagle was immediately turned over to the custody of the U.S. Marshals Service.
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 Assaulting, Resisting, Opposing, and Impeding a Federal Officer.
Jasyn Curley, age 22, was indicted on February 14, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 21, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 8 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on November 17, 2017, Curley forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with an officer with the Cheyenne River Sioux Tribe, while the officer was in the performance of his official duties and said conduct involved physical contact with the officer.
The charge is merely an accusation and Curley 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.
Curley was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Justice Department Coordinates Nationwide Elder Fraud Sweep of More Than 250 DefendantsRead the Press Release
Attorney General Jeff Sessions and law enforcement partners announced today the largest coordinated sweep of elder fraud cases in history. The cases involve more than two hundred and fifty defendants from around the globe who victimized more than a million Americans, most of whom were elderly. The cases include criminal, civil, and forfeiture actions across more than 50 federal districts. Of the defendants, 200 were charged criminally. In each case, offenders engaged in financial schemes that targeted or largely affected seniors. In total, the charged elder fraud schemes caused losses of more than half a billion dollars. The Department coordinated its announcement with the FTC and state Attorneys General, who independently filed numerous cases targeting elder frauds within the sweep period.
Attorney General Sessions was joined in the announcement by FBI Acting Deputy Director David Bowdich; Chief Postal Inspector Guy Cottrell; FTC Acting Chairman Maureen Ohlhausen; and Kansas Attorney General and President of the National Association of Attorneys General Derek Schmidt.
“The Justice Department and its partners are taking unprecedented, coordinated action to protect elderly Americans from financial threats, both foreign and domestic,” said Attorney General Sessions. “Today’s actions send a clear message: we will hold perpetrators of elder fraud schemes accountable wherever they are. When criminals steal the hard-earned life savings of older Americans, we will respond with all the tools at the Department’s disposal – criminal prosecutions to punish offenders, civil injunctions to shut the schemes down, and asset forfeiture to take back ill-gotten gains. Today is only the beginning. I have directed Department prosecutors to coordinate with both domestic law enforcement partners and foreign counterparts to stop these criminals from exploiting our seniors.”
The actions charged a variety of fraud schemes, ranging from mass mailing, telemarketing and investment frauds to individual incidences of identity theft and theft by guardians. A number of cases involved transnational criminal organizations that defrauded hundreds of thousands of elderly victims, while others involved a single relative or fiduciary who took advantage of an individual victim. The schemes charged in these cases caused losses to more than a million victims.
"Winners. That’s what so many of the people who received these solicitations in the mail thought they were. But they’re not. They are victims (link is external) of scams that Postal Inspectors have seen and investigated for decades. In fact, some of the same operators we encountered 20 years ago are back. But so are we. Yesterday, Postal Inspectors around the country executed search warrants on 12 locations that some of these same operators used to run their scams. We’re letting the American public know – and especially our vulnerable older Americans – that Postal Inspectors are working hard to protect them and ensure their confidence in the U.S. Mail,” said Chief Postal Inspector Cottrell.
“Over the last year, the FBI has initiated more than 200 financial crimes cases involving elderly victims who were devastated financially, emotionally, mentally and physically. Picking up the pieces of these fraud schemes can be equally as traumatizing for the caregivers of these elderly victims,” said Acting Deputy Director Bowdich. “The FBI reminds seniors and their caregivers to be vigilant. If any person believes they are the victim of, or have knowledge of fraud involving an elderly person, regardless of the loss amount, they should report it to the FBI.”
Actions against mass-mailing fraud industry
As part of the initiative, the Department’s Consumer Protection Branch, working with the U.S. Attorney’s Office for the Eastern District of New York and others, brought numerous cases this past week in a coordinated strike against more than 43 mass-mailing fraud operators, including criminal charges against six individuals. In addition, law enforcement agents executed 14 premises search warrants from Las Vegas to south Florida, served numerous asset seizure warrants, and coordinated with the Vancouver Police in Canada, who executed over 20 warrants, including search warrants on business premises.
“The defendants targeted elderly and vulnerable consumers both in the United States and abroad, using U.S. addresses and the U.S. mails to try to legitimize their fraudulent schemes,” said U.S. Attorney for the Eastern District of New York Richard P. Donoghue. “They sold false promises of life-changing prizes that never came true. We will pursue the perpetrators of these mail schemes wherever they are located, and hold them accountable.”These recently filed cases particularly targeted transnational criminal actors who collectively defrauded at least a million victims out of hundreds of millions of dollars. Indeed, just one of the schemes prosecuted criminally by the Consumer Protection Branch operated from 14 foreign countries to cost American victims more than $30 million. Click here for map showing a transnational, single fraud scheme.
Mass-mailing fraud inflicts hundreds of millions of dollars in losses to elderly U.S. victims each year. Department prosecutors and U.S. Postal Inspectors have taken a comprehensive approach to combatting this fraud, disrupting and prosecuting individuals who manage the schemes, artists who draft the fraudulent solicitations, list brokers who supply victim lists, and individuals who collect victim payments. Click here for fact-sheet with cases on mass-mailing fraud.
Actions against other elder fraud schemes
Prosecutors across the country from the Criminal Division’s Fraud Section, the Consumer Protection Branch and the U.S. Attorney’s Offices have heeded the call to focus resources on elder fraud cases. Over 50 U.S. Attorney’s Offices and Department Components filed elder fraud cases in the last year. A list of Elder Fraud cases is provided on this interactive map.Some examples of the elder financial exploitation prosecuted by the Department include:
- “Lottery phone scams,” in which callers convince seniors that a large fee or taxes must be paid before one can receive lottery winnings;
- “Grandparent scams,” which convince seniors that their grandchildren have been arrested and need bail money;
- “Romance scams,” which lull victims to believe that their online paramour needs funds for a U.S. visit or some other purpose;
- “IRS imposter schemes,” which defraud victims by posing as IRS agents and claiming that victims owe back taxes;
- “Guardianship schemes,” which siphon seniors’ financial resources into the bank accounts of deceitful relatives or guardians.
Many of these cases illustrate how an elderly American can lose his or her life savings to a duplicitous relative, guardian, or stranger who gains the victim’s trust. The devastating effects these cases have on victims and their families, both financially and psychologically, make prosecuting elder fraud a key Department priority.
Public education
The Department has partnered with Senior Corps, a national service program administered by the federal agency the Corporation for National and Community Service, to educate seniors and prevent further victimization. The Senior Corps program engages more than 245,000 older adults in intensive service each year, who in turn, serve more than 840,000 additional seniors, including 332,000 veterans.
Using its vast network operating in more than 30,000 locations, Senior Corps volunteers will communicate about elder fraud to potential victims across the country and will use their skills, knowledge and experience to educate their peers and caregivers about the most prolific types of schemes and how to avoid them. Click here for information on Senior Corps’ efforts to reduce elder fraud.
Coordination with state officials
Kansas Attorney General Schmidt highlighted the cases filed by state Attorneys General targeting elder frauds within in the sweep period, and he emphasized efforts at the state level to combat elder abuse and protect seniors from fraud and exploitation. He encouraged all of the state Attorneys General to devote enforcement and public education resources to preventing financial exploitation of senior citizens.
Coordination with foreign law enforcement
Exceptional assistance from foreign law enforcement partners amplified the effectiveness of the Department’s initiative. The sweep announced today benefited greatly from the work of the International Mass-Marketing Fraud Working Group (IMMFWG), a network of civil and criminal law enforcement agencies from Australia, Belgium, Canada, Europol, the Netherlands, Nigeria, Norway, Spain, the United Kingdom and the United States. The IMMFWG is co-chaired by the U.S. Department of Justice and FTC, and law enforcement in the United Kingdom, and serves as a model for international cooperation against specific threats that endanger the financial well-being of each member country’s residents. Attorney General Sessions expressed gratitude for the outstanding efforts of the working group, including law enforcement action taken as part of the sweep by the Vancouver Police Department in Canada to halt mass mailing schemes that defrauded hundreds of thousands of elderly victims worldwide.
Elder fraud complaints
Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP. The Department of Justice provides a variety of resources relating to elder fraud victimization through its Office of Victims of Crime, which can be reached at www.ovc.gov.Sioux Falls Man Found Guilty of Methamphetamine ChargesRead the Press Release
United States Attorney Ron Parsons announced that Alvin Felicianosoto, age 34, of Sioux Falls, South Dakota, was found guilty of Conspiracy to Distribute Methamphetamine and Possession with Intent to Distribute Methamphetamine as a result of a federal jury trial in Sioux Falls, South Dakota. The trial began February 12 and ended February 14, 2018.
The conspiracy charge, involving over 500 grams of a mixture containing methamphetamine, carries a mandatory minimum penalty of 10 years and a maximum of life in custody, and/or a $10 million fine, mandatory minimum of 5 years and a maximum of life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. The possession with intent charge, involving more than 50 grams of pure methamphetamine, carries the same penalty.
Felicianosoto was indicted for possession with intent to distribute by a federal grand jury on November 1, 2016, and a superseding indictment adding the conspiracy charge was filed November 7, 2017.
On July 20, 2016, Felicianosoto was arrested when he attempted to meet a buyer, and he had 114.3 grams of methamphetamine in his possession. Law enforcement searched his residence the next day and recovered 109.5 grams of methamphetamine.
Several witnesses testified about Felicianosoto providing methamphetamine to them for distribution in the Sioux Falls area. The total amount he sold is estimated at over 50 pounds.
This case was investigated by the Sioux Falls Area Drug Task Force and the Drug Enforcement Administration. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Felicianosoto was remanded to the custody of the U.S. Marshals Service.
Mission Woman Indicted on Drug ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, woman has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance, Distribution of a Controlled Substance, and Maintaining a Drug-Involved Premises.
Wiyaka Rochelle Guerue, a/k/a Feather Rochelle Guerue, age 32, was indicted on October 17, 2017. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 20, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 60 years in custody and/or a $2,500,000 fine, up to life of supervised release, and up to $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that commencing on January 1, 2016, Guerue knowingly and intentionally combined, conspired, confederated, and agreed with others to distribute and possess with the intent to distribute methamphetamine, a Schedule II controlled substance. Guerue is also alleged to unlawfully and knowingly have opened, leased, rented, used, and maintained her residence for the purpose of distributing and using a controlled substance.
The charges are merely accusations and Guerue 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.
Guerue was released on bond pending trial, which has been set for March 20, 2018.
Eagle Butte Man Charged with Firearm ViolationsRead 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 Possession of a Firearm by a Prohibited Person and Possession of a Firearm with an Obliterated Serial Number.
Christian Kersten, age 30, was indicted on February 14, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 16, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 years in custody and/or a $500,000 fine, 6 years of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on January 22, 2018, Kersten, having been convicted of a crime punishable by imprisonment for a term exceeding one year, being a fugitive from justice, and being an unlawful user of and addicted to a controlled substance, knowingly received and possessed a firearm, which had been shipped and transported in interstate commerce and foreign commerce. Additionally, the manufacturer’s serial number had been obliterated from the firearm.
The charges are merely an accusation and Kersten is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Kersten was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Spearfish Man Sentenced for Attempted Enticement of a Minor Using the InternetRead the Press Release
United States Attorney Ron Parsons announced that a Spearfish, South Dakota, man convicted of Attempted Enticement of a Minor Using the Internet was sentenced on February 9, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Nicholaus Tripp, age 29, was sentenced to 10 years of imprisonment and 10 years of supervised release and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Tripp was charged on January 10, 2017. The charge relates to Tripp posting an ad on Craiglist and then communicating with someone he believed to be the mother of two girls, ages 13 and 15, who was actually an undercover law enforcement agent, to arrange a meeting to engage in sexual acts with the girls.
This case was investigated by the Internet Crimes Against Children Task Force. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Tripp was immediately remanded to the custody of the United States Marshals Service.
Rosebud Man Charged with Assault with Intent to Commit MurderRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Assault With Intent to Commit Murder, Assault With a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Lawrence Gary, Jr., age 19, was indicted on February 14, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 16, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on January 21, 2018, Gary assaulted a man with a knife, a pan, and with shod feet.
The charges are merely accusations and Gary 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.
Gary was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rapid City Man Sentenced for Illegally Possessing a FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City man convicted of Possession of a Firearm by a Prohibited Person was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Jacob Bryan, age 25, was sentenced on February 15, 2018, to time served and 3 years of supervised release and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Bryan was charged on March 21, 2017. The charge relates to Bryan being found in possession of a .38 caliber revolver and ammunition along with drug paraphernalia after a traffic stop near Kyle in February 2017.
This case was investigated by Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Mission Man and Woman Charged with Wire FraudRead the Press Release
United States Attorney Ron Parsons announced that a man and a woman from Mission, South Dakota, have been indicted by a federal grand jury for Conspiracy to Commit Wire Fraud and Wire Fraud.
Mark Edward O’Leary, age 35, and Sharli Colombe, age 35, were indicted on February 14, 2018. They appeared before U.S. Magistrate Judge Mark A. Moreno on February 15, 2018, and both pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between February 4, 2011, through June 6, 2017, O’Leary and Colombe passed at least 544 checks drawn on a bank account not belonging to either of them. The checks were used for personal items for O’Leary and Colombe and the purchases or deposits were not authorized by the owner of the bank account.
The charges are merely accusations and O’Leary and Colombe are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
O’Leary and Colombe were released on bond. A trial date has not been set.
Mission Man Indicted on Firearm ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Felon in Possession of a Firearm.
Carlos Eddie Charging Elk, age 26, was indicted on February 14, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 16, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about December 19, 2017, Charging Elk, having previously been convicted of a felony, did knowingly possess a firearm.
The charge is merely an accusation and Charging Elk 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 Daniel C. Nelson is prosecuting the case.
Charging Elk was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mission Man Charged with Sexual Abuse of a MinorRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Minor.
Matthew Peneaux, a/k/a Matthew Swalley, age 34, was indicted on October 24, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 16, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 years in 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 on or about March 28, 2015, and April 30, 2016, Peneaux knowingly engaged in, and attempted to engage in, a sexual act with a minor female.
The charge is merely an accusation and Peneaux is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Peneaux was released pending trial. A trial date has not been set.
Ellsworth AFB Man Sentenced for Possession of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that an Ellsworth AFB, South Dakota, man convicted of Possession of Child Pornography was sentenced on February 12, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Ryan Davies, age 28, was sentenced to 18 months of imprisonment and 5 years of supervised release and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Davies was charged on June 14, 2016, after law enforcement received a CyberTipline Report from the National Center of Missing and Exploited Children that an individual was uploading naked images of juveniles to a cloud account. Law enforcement traced the account to Davies, who was found to have child pornography images on several electronic devices.
This case was investigated by the Internet Crimes Against Children Task Force. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Davies was immediately remanded to the custody of the United States Marshals Service.
Nebraska Man Sentenced for Conversion of Mortgaged PropertyRead the Press Release
United States Attorney Ron Parsons announced that a Harrison, Nebraska, man convicted of Conversion of Mortgaged Property was sentenced on February 7, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Paxton Carrier, age 24, was sentenced to 12 months of imprisonment and ordered to pay a $100 special assessment to the Federal Crime Victims Fund and $275,403.52 in restitution to the Farm Service Agency.
Carrier was charged on April 18, 2017, and pleaded guilty on November 3, 2017. The charge related to Carrier obtaining a loan from the Farm Services Agency (FSA), and then selling a large portion of the collateral mortgaged by the loan. Rather than paying the FSA loan as required after the sale of collateral, Carrier used the proceeds to pay other debts and purchase personal items. Carrier never made a payment on the FSA loan.
This case was investigated by the Office of Inspector General, United States Department of Agriculture. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Sisseton Woman Charged with Misprision of a FelonyRead the Press Release
United States Attorney Ron Parsons announced that a Sisseton, South Dakota, woman was indicted by a federal grand jury for Misprision of a Felony on August 16, 2016.
Tylynn St. John, age 25, appeared before U.S. Magistrate Judge William D. Gerdes on February 5, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 3 years of custody and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about June 10, 2014, St. John failed to report a crime of which she had knowledge, to the proper authorities. St. John and another are alleged to have witnessed an assault resulting in serious bodily injury and failing to report, or help seek aid, for a victim who ultimately died of her injuries.
The charge is merely an accusation and St. John is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
St. John was released pending trial, which has been set for April 10, 2018.
Jury Finds Eagle Butte Man Guilty of Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that Pete Knight, age 54, of Eagle Butte, South Dakota, was found guilty of Assaulting a Federal Officer as a result of a federal jury trial in Pierre, South Dakota. The verdict was returned on February 7, 2018.
The charges carry a maximum penalty of 8 years in custody and/or a $250,000 fine, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Knight was indicted by a federal grand jury on June 14, 2017. The charge stemmed from an incident that occurred on May 8, 2017, in Ziebach County, when Sheriff Gary Cudmore responded to a call of a reckless driver. Sheriff Cudmore clocked the vehicle driving 95 mph and performed a traffic stop on the vehicle. Upon making contact with the driver, who is a tribal member, it was apparent that the person had been drinking and the Cheyenne River Sioux Tribe Police Department was contacted. The individual was placed in the back of Sheriff Cudmore’s patrol car until tribal officers arrived.
Prior to the tribal officers arriving, Knight and another individual stopped at the location of the traffic stop, as the vehicle stopped by Sheriff Cudmore belonged to Knight. Knight requested to talk to the occupant of the patrol car and the sheriff allowed it. When the door to the patrol vehicle was opened, Knight began to physically assault the occupant, who was handcuffed behind his back and defenseless. Sheriff Cudmore was able to pull Knight back, but Knight continued to get through the sheriff to get at the occupant. In the process, Knight shoved Sheriff Cudmore. Knight eventually left the scene.
Knight later returned riding a horse, and another altercation occurred. Knight was found not guilty regarding that incident.
U.S. Attorney Parsons stated, “Violence against our law enforcement officers will not be tolerated and will be prosecuted to the fullest extent of the law.”
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Service. Assistant U.S. Attorney Jay Miller prosecuted the case.
A presentence investigation was ordered and a sentencing date was set for April 30, 2018. The defendant is to self-report to the custody of the U.S. Marshals Service on February 14, 2018.
Wichita Man Found Guilty of Meth Distribution ConspiracyRead the Press Release
United States Attorney Ron Parsons announced that Justin Thomas Morales, a/k/a “Speedy,” age 37, of Wichita, Kansas, was found guilty of Conspiracy to Distribute Methamphetamine as a result of a federal jury trial in Sioux Falls, South Dakota which began on February 5, 2018. The verdict was returned February 7, 2018.
Because Morales has a prior felony drug conviction, the conspiracy charge, involving over 500 grams of a mixture containing methamphetamine, carries a mandatory minimum penalty of 20 years and a maximum of life in custody, and/or a $20 million fine, mandatory minimum of 10 years and a maximum of life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Morales was indicted by a federal grand jury on November 9, 2016, and a superseding indictment was filed January 19, 2017.
On September 22, 2016, Morales and Chase Guzman had traveled from Wichita, Kansas, to Sioux Falls, South Dakota, with approximately two pounds of methamphetamine and three pounds of marijuana to distribute in Sioux Falls and the surrounding area.
While conducting surveillance, members of the Sioux Falls Area Drug Task Force observed Morales and Guzman go inside a residence off West 12th Street in Sioux Falls and come out a short time later. Morales and Guzman drove away and were stopped by South Dakota Highway Patrol Troopers. There was a pound of marijuana in the vehicle. Guzman was found to be in possession of a loaded Glock semi-automatic pistol and an ounce of methamphetamine.
The Sioux Falls Area Drug Task Force searched the residence off West 12th Street and found approximately two pounds of methamphetamine and two pounds of marijuana. Present at the residence was Daniel Guzman, who had a half-ounce of methamphetamine in his possession.
Morales, Chase Guzman, and Daniel Guzman were all indicted. The Guzmans both pled guilty. Daniel Guzman was sentenced to 120 months in custody to be followed by 5 years of supervised release. Chase Guzman is scheduled to be sentenced on February 26, 2018.
This case was investigated by the Sioux Falls Area Drug Task Force and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Deputy Criminal Chief John E. Haak prosecuted the case.
A presentence investigation was ordered and a sentencing date was set for April 30, 2018. Morales was remanded to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced to 30 Months for Transportation for Illegal Sexual Activity and Related CrimesRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota man convicted of transportation for illegal sexual activity and related crimes was sentenced on February 8, 2018 by U.S. District Judge Karen E. Schreier.
Jerome Davis Kent, age 51, was sentenced to 30 months custody, 6 years of supervised release and was ordered to pay $100 to the Federal Crime Victims Fund.
Kent was indicted for sex trafficking by force, fraud and coercion and transportation for illegal sexual activity and related crimes by a federal grand jury on September 6, 2017. He pled guilty on October 19, 2017.
In October, 2016, Kent knowingly transported an adult female victim from Sioux Falls, South Dakota to Marshall, Minnesota. Kent knew the woman and intended to transport her for the purpose of engaging in acts of prostitution. Kent supplied the woman with heroin and kept the money she received from her commercial sex acts.
This case was investigated by the Sioux Falls Police Department, the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Jeff Clapper.
Kent was immediately turned over to the custody of the U.S. Marshals Service.
Minnesota Man Sentenced to 65 Months in Federal Prison for Bank Fraud Conspiracy and Aggravated Identity TheftRead the Press Release
United States Attorney Ron Parsons announced that a Minneapolis, MN, man convicted of Conspiracy to Commit Bank Fraud and Aggravated Identity Theft was sentenced on February 8, 2018, by U.S. District Judge Karen E. Schreier.
Jason Maurice Fagin, age 38, was sentenced to 65 months of custody and 3 years of supervised release. Fagin was also ordered to forfeit personal property and contraband, and to pay restitution and $200 to the Federal Crime Victims Fund.
Fagin was indicted by a federal grand jury on May 9, 2017, for conspiracy to commit bank fraud, aggravated identity theft, and possession with intent to distribute a controlled substance. On November 9, 2017, Fagin pleaded guilty to Conspiracy to Commit Bank Fraud and Aggravated Identity Theft.
According to court documents, between September 2016 and November 16, 2016, Fagin engaged in a scheme to defraud financial institutions while using the personal identifying information of other individuals. Fagin would use the proceeds of the fraud scheme to purchase methamphetamine for his use and to distribute to others for money.
More specifically, on November 16, 2016, Defendants Angelica Marie Hatch-Pequin (“Hatch”) and Jason Maurice Fagin were arrested at the Royal River Casino in Flandreau, South Dakota, for attempting to negotiate counterfeit checks. While trying to negotiate the check, Hatch presented a driver’s license belonging to another individual. Hatch, aided and abetted by Fagin, used the identification of that individual without lawful authority.
Hatch and Fagin would steal mail from mailboxes located in affluent neighbors of Minneapolis, Minnesota. Hatch and Fagin would target mail that appeared to contain bills and checks. Fagin would then use the personal, business, and banking information contained in those mail matters to create fraudulent checks. After Fagin created the fraudulent checks, Hatch would usually cash the counterfeit checks at convenience stores and casinos located throughout the Minnesota, Iowa, and South Dakota region. Hatch and Fagin created and passed fraudulent checks for approximately two months leading up to their arrests in November.
Two types of checks were created: payroll and personal checks. Payroll checks would be drafted in amounts ranging from $450 to $2,000; the check presented to the Royal River Casino was for $1,500. Personal checks were made in amounts from $100 to $800. The effected banks were insured by the FDIC at the time of the offenses. The stipulated loss amount relating to Fagin’s and Hatch-Pequin’s criminal conduct was between $40,000 and $95,000.
The investigation was investigated by the Federal Bureau of Investigation, the Flandreau Sioux Tribe’s Police Department and Security Department of the the Hotel and Casino, and the Flandreau Police Department. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Fagin was remanded to the custody of the U.S. Marshal Service and the Bureau of Prisons. Hatch-Pequin also pleaded guilty to the same charges and was previously sentenced to federal prison.
Winner Man Sentenced for Felon in Possession of a FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Winner, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on February 8, 2018, by U.S. District Judge Roberto A. Lange.
Anthony Martinez, age 37, was sentenced to 1 month in custody, 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Martinez was indicted by a federal grand jury on September 12, 2017. He pled guilty on November 15, 2017.
The conviction stemmed from an incident on April 1, 2015, wherein Martinez was outside a residence firing a shotgun. Martinez having previously been convicted of a felony, was in possession of a 12-gauge shotgun at the time of his arrest.
This case was investigated by the Federal Bureau of Investigation, the Tripp County Sheriff’s Office, and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Daniel C. Nelson prosecuted the case.
Martinez is required to self-report to the U.S. Marshals Service on February 22, 2018 at 2:00 pm.
Mission Man Sentenced for Simple AssaultRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Simple Assault was sentenced on February 7, 2018, by U.S. Magistrate Judge Mark A. Moreno.
Tristan Lee Kills The Enemy, age 21, was sentenced to 6 months in custody and a special assessment to the Federal Crime Victims Fund in the amount of $10.
Kills The Enemy was indicted by a federal grand jury on November 14, 2017. He pled guilty on February 7, 2018.
The conviction stemmed from an incident on October 28, 2017, when Kills The Enemy committed a Domestic Assault on his spouse and intimate partner.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Daniel C. Nelson prosecuted the case.
Kills The Enemy was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for LarcenyRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Larceny was sentenced on February 5, 2018, by, U.S. District Judge, Roberto A. Lange.
Bradlee One Feather, age 28, was sentenced to time served, 3 years of supervised release, $4,077.99 due in restitution and a special assessment to the Federal Crime Victims Fund in the amount of $100.
One Feather was indicted by a federal grand jury on August 16, 2017. He pled guilty on November 15, 2017.
The conviction stemmed from an incident on February 5, 2017, in Dewey County, South Dakota when One Feather took a Dodge pickup from an individual knowing that the vehicle had been stolen. One Feather then drove the pickup from Eagle Butte to Little Eagle, South Dakota. From there, One Feather drove the pickup to McLaughlin, South Dakota to visit people and buy beer. One Feather then drove the pickup back to Little Eagle to drop people off and while in the process, he got the pickup stuck.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Service. Assistant U.S. Attorney Jay Miller prosecuted the case.
One Feather was immediately turned over to the custody of the U.S. Marshals Service.
Pine Ridge Man Charged in ShootingRead the Press Release
United States Attorney Ron Parsons announced that a Pine Ridge, South Dakota, man was charged in federal district court with Assault Resulting in Serious Bodily Injury.
Lester Waters Jr. was charged on January 29, 2018. He appeared before U.S. Magistrate Judge Daneta Wollmann on February 2, 2018, and pleaded not guilty to the charge. The maximum penalty upon conviction is 10 years of imprisonment 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 Waters shooting two men near Pine Ridge on January 25, 2018. The charge is merely an accusation and Waters is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Pubic Safety. Assistant U.S. Attorney Sarah Collins is prosecuting the case.
Waters was detained pending further hearing. A trial date has not been set.
Mission Woman Sentenced for Misprision of a FelonyRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, woman convicted of Misprision of a Felony was sentenced on February 5, 2018, by U.S. District Judge Roberto A. Lange.
Wastewin Jonnie Waukechon, age 39, was sentenced to 9 months in custody, 1 year of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Waukechon was indicted by a federal grand jury on March 15, 2017, for Conspiracy to Distribute a Controlled Substance, Distribution of a Controlled Substance, and Possession with Intent to Distribute a Controlled Substance. Waukechon pled guilty to Misprision of a Felony on November 13, 2017.
On February 8, 2017, Waukechon accompanied Richard Neiss from Rapid City to Eagle Butte, South Dakota, where Neiss intended to distribute methamphetamine. Waukechon was present and watched while Neiss sold 11.1 grams of methamphetamine to another individual in Eagle Butte. Waukechon, having knowledge of the methamphetamine distribution transaction, concealed that fact from federal law enforcement and did not otherwise report the incident to a judge or other person in civil authority.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services, the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division, and the Northern Plains Safe Trials Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Waukechon was immediately turned over to the custody of the U.S. Marshals Service.
Black Hawk Man Sentenced for Attempted Enticement of a Minor Using the InternetRead the Press Release
United States Attorney Ron Parsons announced that a Black Hawk, South Dakota, man convicted of Attempted Enticement of a Minor Using the Internet was sentenced on February 5, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Nathan William Juhala, age 66, was sentenced to 10 years of imprisonment and 5 years of supervised release and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Juhala was charged on February 22, 2017. The charge relates to Juhala responding to an ad on Craiglist and communicating with someone he believed to be a 15 year-old girl, who was actually an undercover law enforcement agent, for the purpose of engaging in sexual acts.
This case was investigated by the Internet Crimes Against Children Task Force. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Juhala was immediately remanded to the custody of the United States Marshals Service.
Kyle Man Sentenced for Assaulting a ChildRead the Press Release
United States Attorney Ron Parsons announced that a Kyle man convicted of Felony Child Abuse and Neglect was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Matthew Harold Iron Sr., age 33, was sentenced on February 5, 2018, to 13 months of imprisonment and 3 years of supervised release and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Iron was charged on December 20, 2016. The charge relates to Iron holding a large knife to the neck and stomach area of an infant while threatening to kill him at Kyle in November 2016.
This case was investigated by Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Eagle Butte Man and Woman Sentenced for Drug ChargesRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man and woman convicted of Distribution of a Controlled Substance were sentenced on January 2, 2018 and February 5, 2018 respectively, by U.S. District Judge Roberto A. Lange.
Perry Crow, Jr., a/k/a Perry Fiddler, age 23, was sentenced to 4 months in custody, 4 months in home confinement, 3 years of supervised release, $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Estrella Fernandez a/k/a Star Fernandez, age 21, was sentenced to time served, 6 months in home confinement, 3 years of supervised release, $500 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Crow and Fernandez were indicted by a federal grand jury on July 11, 2017. Crow pled guilty on October 17, 2017 and Fernandez pleaded guilty on November 15, 2017.
The convictions stem from incidents on August 23, 2016 and August 31, 2016, when Crow and Fernandez knowingly and intentionally distributed Methamphetamine, a Schedule II controlled substance.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case. Crow was immediately turned over to the custody of the U.S. Marshals Service.
Brandon Man Sentenced to 97 Months for Receipt of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that a Brandon, South Dakota man convicted of distribution and receipt of child pornography was sentenced on February 5, 2018 by U.S. District Judge Karen E. Schreier.
John McKenzie, age 24, was sentenced to 97 months custody, 5 years of supervised release and was ordered to pay $100 to the Federal Crime Victims Fund.
McKenzie was indicted for distribution and receipt of child pornography by a federal grand jury on December 6, 2016. He pled guilty on November 2, 2017.
Between July 19, 2015 and May 10, 2016, John McKenzie resided in Brandon and had a computer with internet access. Using his computer to connect and access websites and applications for “Omegle” and “Kik Messenger,” McKenzie received and distributed digital files containing images and videos of child pornography. Many of the images of child pornography depicted prepubescent minors.
This case was investigated by U.S. Immigration and Customs Enforcement, Department of Homeland Security and prosecuted by Assistant U.S. Attorney Jeff Clapper.
McKenzie was immediately turned over to the custody of the U.S. Marshals Service.
Two Men Charged with Transportation and Possession of ExplosivesRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man, and a Harrisburg, South Dakota, man have been indicted by a federal grand jury for Transportation of Explosive Materials and Possession of Explosives by a Prohibited Person.
Nathaniel Johnson, age 29, and William Fralick, age 30, were indicted on January 17, 2018. They appeared before U.S. Magistrate Judge Mark A. Moreno on February 2, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $500,000 fine, 6 years of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on January 19, 2017, Johnson and Fralick, knowing they were not licensed or permitted, transported explosive materials. Johnson and Fralick are also prohibited from possessing explosives as they each have convictions for a crime punishable by imprisonment for a term exceeding one year.
The charges are merely accusations and Johnson and Fralick are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Johnson and Fralick were remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mission Man Sentenced for Possession of a Stolen FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Possession of a Stolen Firearm was sentenced on February 5, 2018, by U.S. District Judge Roberto A. Lange.
Kevin Bordeaux, age 19, was sentenced to 13 months in custody, followed by 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Bordeaux was indicted by a federal grand jury on March 15, 2017. He pled guilty on November 15, 2017.
The conviction stems from an incident between November 11-13, 2016, when 14 firearms, including a Henry Repeating Arms Mimi Bolt .22 rifle “Broden” rifle, were stolen from a home in Mission. Co-defendant Stephanie Bear Heels obtained the “Broden” rifle following the burglary. She and co-defendant Angelito Moran knew that the defendant and his brother, co-defendant Keith Bordeaux, were looking for guns to buy/trade for narcotics. Co-defendant Keith Bordeaux purchased the “Broden” rifle from Moran and Bear Heels for $50 worth of methamphetamine. The “Broden” rifle was recovered by law enforcement from Keith and Kevin Bordeaux’s home.
Defendant knew or had reason to know the “Broden” firearm was stolen and the possession of the firearms by any person other than the owner would be unlawful. Further, the Defendant was a prohibited person, being an unlawful user and addicted to a controlled substance, methamphetamine and marijuana, at the time of the incident.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco and Firearms. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Kevin Bordeaux was immediately turned over to the custody of the U.S. Marshals Service.
St. Francis Woman Charged with Involuntary ManslaughterRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, woman has been indicted by a federal grand jury for Involuntary Manslaughter.
Omalewin Neck, age 24, was indicted on January 17, 2018. She appeared before U.S. Magistrate Judge Mark A. Moreno on January 31, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 8 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on October 1, 2017, Neck unlawfully killed another human being, while operating a motor vehicle, in a grossly negligent manner.
The charge is merely an accusation and Neck 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 Daniel C. Nelson is prosecuting the case.
Neck was released on bond pending trial. A trial date has not been set.
Sioux Falls Man Found Guilty of Methamphetamine ChargesRead the Press Release
United States Attorney Ron Parsons announced that Orlando Dones-Vargas, a/k/a “Landy,” age 32, of Sioux Falls, South Dakota, was found guilty of Conspiracy to Distribute Methamphetamine and Possession with Intent to Distribute Methamphetamine as a result of a federal jury trial in Sioux Falls, South Dakota. The jury returned the verdict on January 30, 2018.
The conspiracy charge, involving over 500 grams of a mixture containing methamphetamine, carries a mandatory minimum penalty of 10 years and a maximum of life in custody and/or a $10 million fine, mandatory minimum of 5 years and a maximum of life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. The possession with intent charge, involving more than 5 grams of pure methamphetamine, carries a mandatory minimum penalty of 5 years and a maximum of 40 years in custody and/or a $5 million fine, mandatory minimum of 4 years and a maximum of life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Dones-Vargas was indicted by a federal grand jury on September 6, 2017, and a Superseding Indictment was filed January 9, 2018.
Dones-Vargas was arrested on August 20, 2017, for driving with a suspended license. During the booking process at the Minnehaha County Jail, it was discovered that he was concealing more than 13 grams of methamphetamine (96% pure) in his groin area. Further investigation revealed Dones-Vargas’ extensive involvement in the distribution of methamphetamine in the Sioux Falls area.
This case was investigated by the Sioux Falls Area Drug Task Force, the South Dakota Division of Criminal Investigation, and the Drug Enforcement Administration. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
A presentence investigation was ordered and a sentencing date was set for April 23, 2018. The defendant was remanded to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Failure to RegisterRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Failure to Register was sentenced on January 31, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Titus Leading Cloud, age 28, was sentenced to 12 months of imprisonment, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Leading Cloud was charged on March 21, 2017, and pleaded guilty on October 31, 2017. The conviction stems from Leading Cloud failing to register under the Sex Offender Registration and Notification Act as required.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Leading Cloud was immediately turned over to the custody of the U.S. Marshals Service.
Pierre Woman Sentenced for Possession with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that a Pierre, South Dakota, woman convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on January 22, 2018, by U.S. District Judge Roberto A. Lange.
Adele Tahsequah, age 35, was sentenced to 21 months in custody, followed by 3 years of supervised release, a $1,000 fine, and a special assessment of $100 to the Federal Crime Victims Fund.
Tahsequah was indicted by a federal grand jury on July 6, 2017, for Possession with Intent to Distribute a Controlled Substance. Tahsequah pled guilty on November 3, 2017.
On June 21, 2017, Tahsequah received a package delivered to her residence in Pierre by the U.S. Postal Service that contained 27.87 grams of methamphetamine. The package was addressed to Tahsequah, and Tahsequah indicated that she had been expecting it. Tahsequah admitted that she knew the package contained methamphetamine, and that she was intending to further distribute it within South Dakota. That same day, law enforcement executed a search warrant at Tahsequah’s residence and located multiple scales and small plastic baggies within the residence. Tahsequah admitted that the scales and baggies were utilized for the distribution of methamphetamine.
This case was investigated by the U.S. Postal Inspection Service, the South Dakota Division of Criminal Investigation, the Federal Bureau of Investigation, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Tahsequah was immediately turned over to the custody of the U.S. Marshals Service.
St. Francis Man Indicted on Assault ChargesRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon.
John Matthew Brave Hawk, age 20, was indicted on January 17, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 29, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on November 14, 2017, Brave Hawk assaulted three individuals with a vehicle, with the intent to do bodily harm.
The charges are merely an accusation and Brave Hawk is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Daniel C. Nelson is prosecuting the case.
Brave Hawk was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rosebud Man Sentenced for EscapeRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man convicted of Escape from Custody was sentenced on January 29, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Marlow Poor Thunder, age 22, was sentenced to 12 months and 1 day of imprisonment, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Poor Thunder was charged on August 22, 2017, and pleaded guilty on October 20, 2017. The conviction stems from Poor Thunder leaving the Community Education Center, where he was serving part of a federal sentence, without permission and failing to return in August 2017.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Ben Patterson prosecuted the case.
Pierre Man Charged with Receipt, Distribution and Possession of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that a Pierre, South Dakota, man has been indicted by a federal grand jury for Receipt and Distribution of Images Depicting the Sexual Exploitation of Minors and Possession of Child Pornography.
David Foster, age 34, was indicted on January 17, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 25, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 40 years in custody and/or a $500,000 fine, up to life of supervised release, and a $200 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between October 5, 2016, and May 4, 2017, Foster knowingly received and distributed images depicting minors involved in sexually explicit conduct. The Indictment further alleges that Foster was in possession of Child Pornography.
The charges are merely accusations and Foster is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Department of Homeland Security. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Foster was released on bond pending trial which has been set for March 20, 2018.