District of South Dakota
Press releases recorded for this federal judicial district.
Eagle Butte Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Assaulting, Resisting, Opposing and Impeding a Federal Officer, was sentenced on January 23, 2018, by U.S. District Judge Roberto A. Lange.
Matthew Dupris, age 29, was sentenced to 7 months custody, followed by 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Dupris was indicted by a federal grand jury on June 14, 2017. He pled guilty on October 5, 2017.
The conviction stemmed from an incident on May 25, 2017, when law enforcement was dispatched to a residence for assistance in removing Dupris from the home due to him being intoxicated. Dupris had previously been released on Tribal Court charges, and had been ordered not to consume alcoholic beverages while he was out on bond. Upon law enforcement arrival, Dupris was advised that he was under arrest for violating the conditions of his Tribal Court release from custody. While walking towards the patrol car, Dupris pulled away from the officer, turned towards them and spit on the officer. The officer was able to get Dupris into the back of the patrol car and transported him to the Cheyenne River Adult Detention Center, where he was turned over without further incident.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Service. Assistant U.S. Attorney Jay Miller prosecuted the case.
Dupris was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for AssaultRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Simple Assault and Assault by Striking, Beating and Wounding, was sentenced on January 22, 2018, by U.S. District Judge Roberto A. Lange.
Phillip Mound, age 26, was sentenced to 18 months in custody, followed by 1 year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $35.
Mound was indicted by a federal grand jury on December 14, 2016. He was found guilty by a jury of simple assault and assault by striking, beating and wounding on November 2, 2017,
The conviction stemmed from an incident on October 18, 2016, when Mound assaulted his girlfriend after getting into an argument with her.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Mound was immediately turned over to the custody of the U.S. Marshals Service.
Dupree Woman Charged with Involuntary ManslaughterRead the Press Release
United States Attorney Ron Parsons announced that a Dupree, South Dakota, woman has been indicted by a federal grand jury for Involuntary Manslaughter.
Dale Hendricks, age 36, was indicted on January 17, 2018. She appeared before U.S. Magistrate Judge Mark A. Moreno on January 22, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 8 years in custody, 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 November 3, 2017, Hendricks did unlawfully kill an infant in a grossly negligent manner by rolling over and laying on the infant while she was asleep.
The charge is merely an accusation and Hendricks is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Hendricks was released on bond, subject to conditions, pending trial. A trial date has not been set.
Colorado Man Sentenced for Attempted Receipt of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that a Fort Collins, Colorado, man convicted of Attempted Receipt of Child Pornography was sentenced on January 24, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Levi Drussell, age 25, was sentenced to 71 months of imprisonment, followed by 10 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Drussell was one of ten men who were arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2016 Sturgis Motorcycle Rally, targeting persons willing to pay to have sex with underage girls or boys obtained through the Internet. The conviction stemmed from Drussell communicating with someone he believed to be a minor for the purpose of engaging in sexual acts. Additionally, Drussell sent multiple pornographic images of himself and repeatedly requested the minor send him child pornography images of herself.
The undercover operation and arrests were a joint effort between the South Dakota Division of Criminal Investigation, the Department of Homeland Security, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s office. Assistant U.S. Attorney Sarah Collins prosecuted the case.
Drussell was immediately remanded to the custody of the U.S. Marshals Service.
Sioux Falls Man Charged with Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
David Marrowbone, age 54, was indicted on January 17, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 22, 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, 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 23, 2017, and November 25, 2017, Marrowbone, a person required to register under the Sex Offender Registration and Notification Act, did fail to register and update his registration.
The charge is merely an accusation and Marrowbone is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Marrowbone was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rapid City Woman Indicted for Defrauding the Rapid City Club for BoysRead the Press Release
United States Attorney Ronald A. Parsons, Jr. announced that a Rapid City, South Dakota, woman was charged in federal district court with 20 counts of Wire Fraud and 5 counts of Money Laundering.
Olivia Kuehner, age 48, was charged on January 23, 2018. She appeared before U.S. Magistrate Judge Daneta Wollmann on January 26, 2018, and pleaded not guilty to the charges. The maximum penalty on each count upon conviction is 20 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 indictment alleges that Kuehner, between September 2012 and June 2017, while employed as the accounting manager for the Rapid City Club for Boys, Inc. ("Club for Boys"), devised a scheme to defraud the Club for Boys of more than $120,000.00. The indictment alleges Kuehner embezzled money belonging to the Club for Boys by making fraudulent payments to herself, family members, and a nominee entity she controlled, and then omitted the fraudulent payments from the Club for Boys’ accounting records or misclassified the payments to make it appear vendors or other employees had been paid. After receiving the fraudulently obtained funds, Kuehner transferred a portion of the funds to other bank accounts she controlled in order to conceal the nature, source and ownership of the embezzled proceeds.
The charges are merely an accusation and Kuehner is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Internal Revenue Service Criminal Investigation, the Federal Bureau of Investigation, and Rapid City Police Department. Assistant United States Attorney Benjamin Patterson is prosecuting the case.
Kuehner was detained pending a hearing on Monday, January 29, 2017. A trial date has not been set.
Eagle Butte Man Sentenced for PerjuryRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Perjury was sentenced on January 24, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Charlie Marshall, age 27, was sentenced to 12 months in custody and a special assessment of $100 to the Federal Crime Victims Fund. The custody sentence is to run concurrently with the sentences imposed in Marshall’s controlled substances and firearms case.
Marshall was indicted by a federal grand jury on May 16, 2017, for Perjury and False Declaration Before a Court. Marshall pled guilty to Perjury on August 11, 2017.
On March 13, 2017, Marshall appeared before U.S. District Judge Roberto A. Lange to plead guilty to conspiracy to distribute a controlled substance, methamphetamine, and firearms charges. At the beginning of the change of plea hearing, Marshall agreed, under oath, to answer questions during the hearing truthfully. Marshall was asked by Judge Lange if he understood that he was under oath and required to answer the Court’s questions truthfully, to which Marshall indicted he understood. Judge Lange specifically asked Marshall if he was under the influence of alcohol or drugs, to which Marshall responded that he was not. Immediately following the hearing, because Marshall smelled of alcohol, a U.S. Probation Officer administered a preliminary breath test to Marshall. The preliminary breath test registered a reading of 0.149.
A second change of plea hearing was held by Judge Lange on March 21, 2017, due to Marshall being under the influence of alcohol during the initial change of plea hearing.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Marshall was immediately turned over to the custody of the U.S. Marshals Service.
Leader of Fraudulent Medical Device Scheme Pleads GuiltyRead the Press Release
A South Dakota man pleaded guilty today in connection with a scheme to defraud consumers by selling light-emitting devices known as the “QLaser System” as a treatment for more than 200 different diseases and disorders, the Department of Justice announced today. Today’s guilty plea capped a three-year effort by the Justice Department and the U.S. Postal Inspection Service to stop distribution of the fraudulent devices to consumers.
Robert “Larry” Lytle, 82, of Rapid City, pleaded guilty in the District of South Dakota to one count of conspiracy to introduce misbranded medical devices into interstate commerce with the intent to defraud and mislead, and one count of criminal contempt. Both the criminal charges and Lytle’s guilty plea were pursuant to a plea agreement. Two of Lytle’s co-conspirators in the scheme, Irina Kossovskaia and Ronald D. Weir, Jr., previously pleaded guilty for their roles in the fraud. The government agreed to dismiss criminal contempt charges against a fourth individual, Fredretta Eason.
According to documents filed with the court, Lytle and his co-conspirators — including Kossovskaia and Weir — marketed and distributed QLaser devices to consumers, many of whom were elderly, across the United States. The conspirators falsely claimed that the devices could safely and effectively treat a panoply of medical conditions at home, including cancer, emphysema, diabetes, autism, HIV, and heart disease. Lytle created misleading product labeling designed to create the false impression that scientific evidence supported claims about the QLaser device’s effects. In truth, no published clinical or scientific studies supported the use of QLaser devices to treat the listed or other serious conditions, and the U.S. Food and Drug Administration (FDA) never approved the devices for such uses. To lend credibility to his claims, the potential QLaser purchasers were told “Dr. Lytle” was a “retired” dentist and medical laser expert while omitting the fact that his license to practice dentistry had been permanently revoked for defrauding and materially deceiving consumers.
Lytle and his co-conspirators forged ahead with their fraud even after a federal court ordered them to stop selling and refund all QLaser purchasers in a series of 2015 injunctions. In violation of the injunctions, Lytle made false statements to the court and FDA investigators, sent dunning letters to QLaser purchasers rather than pay them court-ordered restitution, smuggled hundreds devices out of South Dakota to upstate New York to prevent their seizure, and received a steady stream of income from continued QLaser sales made by Kossovskaia, Weir, and others.
As part of his plea agreement, Lytle admitted that, beginning in 2005, he entered into an agreement with others to market medical devices with false and misleading labeling to defraud consumers, and that he continued to do so in violation of a federal court order. He also acknowledged that he obtained at least $16,669,015 over the course of the scheme.
“Victimizing the elderly and those suffering from serious illnesses are among the most detestable of crimes,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division, “and to persist with the QLaser fraud even after being ordered to stop by a federal court is even more abhorrent. The Justice Department is committed to protecting Americans from elder abuse and medical frauds.”
“Reprehensible scams using ineffective and useless medical implements victimize suffering people who are already burdened with long-term, often crippling ailments and diseases. The U.S. Postal Inspection Service puts the highest priority on investigating these kinds of crimes and bringing these criminals to justice,” said Dana Carter, the U.S. Postal Inspector in Charge of the Denver Division, which covers multiple states including South Dakota.
U.S. District Judge Karen E. Schreier presided at the plea hearing. In addition to fines, Lytle faces a maximum statutory sentence of five years’ imprisonment on the conspiracy charge. Congress has not established a maximum sentence for the crime of contempt. Sentencing has been set for April 20.
The U.S. Postal Inspection Service investigated this case. Trial Attorney Ross S. Goldstein of the Justice Department’s Consumer Protection Branch and Assistant U.S. Attorney Kevin Koliner of the U.S. Attorney’s Office for the District of South Dakota are prosecuting the case.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the District of South Dakota, visit its website at https://www.justice.gov/usao-sd.
Leader of Fraudulent Medical Device Scheme Pleads GuiltyRead the Press Release
NOTE: The relevant court documents can be found here: Superseding Information, Plea Agreement, and Factual Basis Statement.
WASHINGTON – A South Dakota man pleaded guilty today in connection with a scheme to defraud consumers by selling light-emitting devices known as the “QLaser System” as a treatment for more than 200 different diseases and disorders, the Department of Justice announced today. Today’s guilty plea capped a three-year effort by the Justice Department and the U.S. Postal Inspection Service to stop distribution of the fraudulent devices to consumers.
Robert “Larry” Lytle, 82, of Rapid City, pleaded guilty in the District of South Dakota to one count of conspiracy to introduce misbranded medical devices into interstate commerce with the intent to defraud and mislead, and one count of criminal contempt. Both the criminal charges and Lytle’s guilty plea were pursuant to a plea agreement. Two of Lytle’s co-conspirators in the scheme, Irina Kossovskaia and Ronald D. Weir, Jr., previously pleaded guilty for their roles in the fraud. The government agreed to dismiss criminal contempt charges against a fourth individual, Fredretta Eason.
According to documents filed with the court, Lytle and his co-conspirators — including Kossovskaia and Weir — marketed and distributed QLaser devices to consumers, many of whom were elderly, across the United States. The conspirators falsely claimed that the devices could safely and effectively treat a panoply of medical conditions at home, including cancer, emphysema, diabetes, autism, HIV, and heart disease. Lytle created misleading product labeling designed to create the false impression that scientific evidence supported claims about the QLaser device’s effects. In truth, no published clinical or scientific studies supported the use of QLaser devices to treat the listed or other serious conditions, and the U.S. Food and Drug Administration (FDA) never approved the devices for such uses. To lend credibility to his claims, the potential QLaser purchasers were told “Dr. Lytle” was a “retired” dentist and medical laser expert while omitting the fact that his license to practice dentistry had been permanently revoked for defrauding and materially deceiving consumers.
Lytle and his co-conspirators forged ahead with their fraud even after a federal court ordered them to stop selling and refund all QLaser purchasers in a series of 2015 injunctions. In violation of the injunctions, Lytle made false statements to the court and FDA investigators, sent dunning letters to QLaser purchasers rather than pay them court-ordered restitution, smuggled hundreds devices out of South Dakota to upstate New York to prevent their seizure, and received a steady stream of income from continued QLaser sales made by Kossovskaia, Weir, and others.
As part of his plea agreement, Lytle admitted that, beginning in 2005, he entered into an agreement with others to market medical devices with false and misleading labeling to defraud consumers, and that he continued to do so in violation of a federal court order. He also acknowledged that he obtained at least $16,669,015 over the course of the scheme.
“Victimizing the elderly and those suffering from serious illnesses are among the most detestable of crimes,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division, “and to persist with the QLaser fraud even after being ordered to stop by a federal court is even more abhorrent. The Justice Department is committed to protecting Americans from elder abuse and medical frauds.”
“Reprehensible scams using ineffective and useless medical implements victimize suffering people who are already burdened with long-term, often crippling ailments and diseases. The U.S. Postal Inspection Service puts the highest priority on investigating these kinds of crimes and bringing these criminals to justice,” said Dana Carter, the U.S. Postal Inspector in Charge of the Denver Division, which covers multiple states including South Dakota.
U.S. District Judge Karen E. Schreier presided at the plea hearing. In addition to fines, Lytle faces a maximum statutory sentence of five years’ imprisonment on the conspiracy charge. Congress has not established a maximum sentence for the crime of contempt. Sentencing has been set for April 20.
The U.S. Postal Inspection Service investigated this case. Trial Attorney Ross S. Goldstein of the Justice Department’s Consumer Protection Branch and Assistant U.S. Attorney Kevin Koliner of the U.S. Attorney’s Office for the District of South Dakota are prosecuting the case.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the District of South Dakota, visit its website at https://www.justice.gov/usao-sd.
Volga Man Convicted on Disturbing Protected WetlandsRead the Press Release
United States Attorney Ron Parsons announced that Kevin Jay Mast, age 61, of Volga, South Dakota, was found guilty of Disturbing Protected Wetlands of the United States, as a result of a federal jury trial in Sioux Falls, South Dakota. The jury returned the verdict on January 18, 2018.
The charge carries a maximum penalty of 6 months in custody and/or a $10,000 fine.
Mast was indicted by a federal grand jury on September 6, 2017.
On January 19, 1973, an easement was voluntarily sold to the United States for waterfowl management rights. The easement prohibited the drainage of any wetland areas on the property. In 2010, the U.S. Fish & Wildlife Service notified Kevin Mast that his plan to install drain tile conflicted with the protected wetlands and would not be permitted. Despite the warning, Mast installed the drain tile in the fall of 2013. The jury’s verdict concluded that Mast disturbed, injured, and destroyed the wetland areas protected by the easement, and did not have the authority and permission of the United States of America.
This case was investigated by the U.S. Fish and Wildlife Service and prosecuted by Assistant U.S. Attorney Jeff Clapper.
A presentence investigation was ordered and a sentencing date was set for April 9, 2018.
St. Francis Man Sentenced for Misprision of a FelonyRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, man convicted of Misprision of a Felony was sentenced on January 22, 2018, by U.S. District Judge Roberto A. Lange.
Kyle Swift Hawk, age 25, was sentenced to 12 months and 1 day in prison, followed by 1 year of supervised release. Swift Hawk was also ordered to pay a special assessment to the Federal Crime Victims Fund in the amount of $100.
Swift Hawk was indicted by a federal grand jury on July 11, 2017. He pled guilty on October 30, 2017.
The conviction stemmed from an incident that occurred in St. Francis in the early morning hours of June 12, 2017. Swift Hawk and another man, George Scott, got into an altercation with the victim. While Swift Hawk and the victim scuffled, Scott pulled out a pocketknife and stabbed the victim multiple times. The victim suffered significant blood loss and internal injuries, and was subsequently hospitalized. Swift Hawk witnessed the stabbing but fled the scene and hid from tribal law enforcement until he was apprehended later that day.
Scott, age 32, was also indicted based on his involvement in the assault. On September 26, 2017, he pled guilty to Assault With a Dangerous Weapon, and was sentenced on December 11, 2017, to 54 months in prison, followed by 3 years of supervised release.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Swift Hawk was immediately turned over to the custody of the U.S. Marshals Service.
St. Francis Man Sentenced for Habitual Domestic AssaultRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, man convicted of Domestic Assault by an Habitual Offender, was sentenced on January 22, 2018, by U.S. District Judge Roberto A. Lange.
Fabian McCloskey, age 42, was sentenced to 11 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.
McCloskey was indicted by a federal grand jury on August 16, 2017. He pled guilty on October 30, 2017.
The conviction stemmed from an incident on April 29, 2017, when McCloskey drove to the victim’s residence, made threatening comments to the victim and refused to leave. McCloskey then forcefully carried the victim from her home to his car. McCloskey grabbed her head while the victim was in the car, causing an injury near her eye. McCloskey had been previously convicted of Domestic Abuse in Rosebud Sioux Tribal Court on two prior occasions.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Daniel C. Nelson prosecuted the case.
McCloskey was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced to 108 Months for Receipt of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of receipt of child pornography was sentenced on January 19, 2018, by U.S. District Judge Karen E. Schreier.
Scott Dyson, age 37, was sentenced to 108 months in custody, followed by 6 years of supervised release, and ordered to pay $5,000 in restitution. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Dyson was indicted for receipt of child pornography and possession of child pornography by a federal grand jury on October 4, 2016. He pled guilty on September 14, 2017.
On September 7, 2012, and October 14, 2012, Dyson knowingly received child pornography that he downloaded from the internet. When law enforcement searched his residence in August 2016, they discovered Dyson had a large screen television connected to a computer tower containing several hard drives. Overall, Dyson possessed over 17,000 images and videos of child pornography.
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.
Dyson was immediately turned over to the custody of the U.S. Marshals Service.
Pine Ridge Man Sentenced for Victim TamperingRead the Press Release
United States Attorney Ron Parsons announced that a Pine Ridge, South Dakota, man convicted of Tampering with a Victim by Threat was sentenced on January 19, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Timothy George Buckman, age 33, was sentenced to 57 months of imprisonment, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Buckman was charged on April 19, 2016, and pleaded guilty on July 18, 2017. The conviction stems from the robbery and assault of a man with a dangerous weapon in March 2016 at Pine Ridge, and Buckman later threatening the man.
This case was investigated by 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 Eric Kelderman prosecuted the case.
Parmelee Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Parmelee, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on January 24, 2018, by U.S. District Judge Roberto A. Lange.
Odell Thomas Goodshield, Jr., age 58, was sentenced to 16 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.
Goodshield was indicted by a federal grand jury on October 25, 2017. He pled guilty on December 1, 2017.
Goodshield was convicted of Aggravated Sexual Abuse of a Minor in June 1999. As a result of this conviction, he is required to register as a sex offender. Goodshield was released from custody on May 26, 2017, and began supervised release. Between the dates of July 5, 2017 and September 20, 2017, Goodshield did not register as a sex offender.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Daniel C. Nelson prosecuted the case.
Goodshield was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Firearms ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Possession of Unregistered Firearm and Prohibited Person in Possession of a Firearm was sentenced on January 22, 2018, by U.S. District Judge Roberto A. Lange.
Keith Bordeaux, age 20, was sentenced to 33 months in custody, followed by 3 years of supervised release, $546.34 in restitution, and a special assessment to the Federal Crime Victims Fund in the amount of $200.
Bordeaux was indicted by a federal grand jury on March 15, 2017. He pled guilty on October 30, 2017.
The conviction stems from an incident between November 11-13, 2016, when 14 firearms were stolen from a home in Mission. Co-defendant Dakota Marshall stored two of the stolen firearms, including a Marlin Bolt Action .22 Rifle and a Weatherby 20 Gauge Youth shotgun TA-08, at his home located in Mission. Co-defendant Stephanie Bear Heels obtained the stolen Henry Repeating Arms Mimi Bolt .22 rifle following the burglary. She and co-defendant Angelito Moran knew that the defendant and his brother, co-defendant Kevin Bordeaux, were looking for guns to buy/trade for narcotics. Defendant 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.
The defendant acquired the stolen Weatherby “short shotgun” with a barrel length of approximately 14 and 5/8 inches, the same night law enforcement seized the stolen “Broden” rifle from his home. Defendant did not register the “short shotgun” with the National Firearms Registration and Transfer Record as he was required to do. Instead, he hid the firearm in the wall of a young child’s room in his mother’s home.
The defendant knew the firearms were stolen, and the possession of the firearms by any person other than the owner would be unlawful. Further, the defendant is a regular user of methamphetamine and he is not permitted to possess any firearm under federal law.
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.
Keith Bordeaux was immediately turned over to the custody of the U.S. Marshals Service.
Lower Brule Man Sentenced for Sexual AbuseRead the Press Release
United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced on January 22, 2018, by U.S. District Judge Roberto A. Lange.
Errol Jerome Flute, a/k/a Errol Jerome Pretty Sounding Flute, a/k/a EJ Flute, age 24, was sentenced to 18 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.
Flute was indicted by a federal grand jury on May 16, 2017. He pled guilty on November 2, 2017.
The conviction stems from an incident on December 29, 2016, when the 14-year-old victim went to her boyfriend’s home in Lower Brule. The defendant is engaged to the victim’s boyfriend’s mother. The victim’s boyfriend was sleeping on the couch, and the victim began to socialize with the defendant and others. The defendant’s fiancée left the residence, and the defendant and the victim ended up in the back bedroom where they engaged in sexual intercourse.
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Flute was immediately turned over to the custody of the U.S. Marshals Service.
Fort Thompson Man Charged with Failure to Register as a Sex OffenderRead 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 Failure to Register as a Sex Offender.
Jordan Traversie, age 27, was indicted on January 17, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 22, 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, a mandatory minimum period of 5 years, up to life, of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between October 23, 2017, and November 1, 2017, Traversie, a person required to register under the Sex Offender Registration and Notification Act, knowingly failed to register and update his registration.
The charge is merely an accusation and Traversie is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Traversie was remanded to the custody of the U.S. Marshals Service pending trial, which has not been set.
Canadian Man Sentenced for Internet CrimeRead the Press Release
United States Attorney Ron Parsons announced that a man from Calgary, who was convicted of Attempted Trafficking in Involuntary Servitude and Forced Labor, was sentenced on January 19, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Alexandros Thymaras, age 35, was sentenced to 30 months of imprisonment, followed by 1 year of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund, a $1,000 fine, and a $5,000 special assessment to victims of trafficking fund.
Thymaras was one of five men who were arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2014 Sturgis Motorcycle Rally, targeting persons willing to pay to have sex with underage girls obtained through the Internet. All five men were indicted for Commercial Sex Trafficking.
The conviction stemmed from Thymaras responding to a Craigslist.com advertisement posted by Division of Criminal Investigation undercover agents, which purported to offer young girls for sex. Following several messages with a person Thymaras believed to be associated with a 15 year-old girl, but who was in fact an undercover agent, he proceeded to negotiate the time and place theywould meet, along with the price he would pay, which was $70.
The undercover operation and arrests were a joint effort between the South Dakota Division of Criminal Investigation, the Department of Homeland Security, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s office. Assistant U.S. Attorney Sarah Collins prosecuted the case.
Thymaras was immediately turned over to the custody of the U.S. Marshal's Service.
South Dakota U.S. Attorney's Office Collects over $2.5 Million in Fiscal Year 2017Read the Press Release
United States Attorney Ron Parsons announced that the District of South Dakota collected over $2,508,255.71 in Fiscal Year (FY) 2017 from civil and criminal actions. Of this amount, $1,565,057.52 was collected in criminal actions, and $943,198.19 was collected in civil actions.
Additionally, the District of South Dakota worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect $9,562,500.00 in cases pursued jointly with these offices. Civil actions made up the entirety of this amount.
Overall, the Justice Department collected just over $15 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2017.
Also, working with partner agencies and divisions, the District collected $57,629 in asset forfeiture actions in FY 2017. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
“The collection of these monies represents a key component of the work we do in the U.S. Attorney’s Office,” said Parsons. “Along with our prosecutorial responsibility, these recovered dollars play a vital role in helping crime victims, and also in recouping losses to the American taxpayer.”
The U.S. Attorneys’ Offices, along with the Justice Department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.
Ridgeview Man Sentenced for AssaultRead the Press Release
United States Attorney Ron Parsons, announced that a Ridgeview, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on January 2, 2018, by U.S. District Judge Roberto A. Lange.
Sterlyn Bartlett, age 20, was sentenced to 30 months in custody, followed by 2 years of supervised release, restitution in the amount of $405.44, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Bartlett was indicted by a federal grand jury on May 16, 2017. He pled guilty on October 5, 2017.
The conviction stemmed from an incident on January 10, 2017, in Eagle Butte, when Bartlett got into a disagreement with his girlfriend on whether or not to sleep with a light on, which escalated to Bartlett hitting his girlfriend in the face and ultimately breaking her jaw.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Bartlett was immediately turned over to the custody of the U.S. Marshals Service.
McLaughlin Man Charged with Sexual AssaultRead the Press Release
United States Attorney Ron Parsons announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Minor and Abusive Sexual Contact of a Minor by Force.
Jerome Goodhouse, age 26, was indicted on October 17, 2017. He appeared before U.S. Magistrate Judge William D. Gerdes on January 16, 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 up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on April 5, 2016, Goodhouse knowingly engaged in, and attempted to engage in, a sexual act with a minor female victim, by the use of force.
The charges are merely accusations and Goodhouse 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.
Goodhouse was released on bond pending trial, which has not been set.
Lower Brule Man Charged with AssaultRead the Press Release
United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Tyler Harmon, age 27, was indicted on February 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 10, 2018, and 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 on November 12, 2016, Harmon forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with a lieutenant from the Bureau of Indian Affairs, while said lieutenant was engaged in the performance of his official duties.
The charge is merely an accusation and Harmon is 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.
Harmon was released on bond pending trial, which has not been set.
Second Conspirator Pleads Guilty in Fraudulent Medical Device SchemeRead the Press Release
A second individual pleaded guilty yesterday in connection with a scheme to defraud consumers by selling light-emitting devices as a treatment for more than 200 different diseases and disorders, the Department of Justice announced today.
Irina Kossovskaia, 63, of Ontario, Canada, pleaded guilty in the District of South Dakota to one count of conspiracy to introduce misbranded medical devices into interstate commerce with the intent to defraud and mislead. Kossovskaia faced charges along with Robert “Larry” Lytle and Fredretta Eason relating to her involvement with the devices, known as the “QLaser System.” A fourth individual, Ronald D. Weir, Jr., pleaded guilty to his role in the conspiracy last February.
According to documents filed with the U.S. District Court for the District of South Dakota, Kossovskaia and co-conspirators including Lytle and Weir marketed and distributed QLaser devices by falsely claiming that the devices could safely and effectively treat a panoply of medical conditions at home, including cancer, diabetes, autism, HIV, and heart disease. No published clinical or scientific studies supported the use of QLaser devices to treat such serious conditions, and the U.S. Food and Drug Administration (FDA) never approved the devices for such use.
As part of her plea agreement, Kossovskaia admitted that she and Lytle made false claims about the QLasers’ curative powers to mislead consumers into purchasing the devices, which sold for over $4,000 per unit. Kossovskaia further admitted to assisting Lytle by smuggling hundreds of QLaser devices out of Rapid City to her facility in upstate New York after a federal court ordered Lytle to stop selling the devices. Kossovskaia continued to sell the devices until 2017 and funneled tens of thousands of dollars in proceeds to Lytle, even though he was under court order to refund consumers for every QLaser purchase made since 2001.
“Fraudulent medical device scams exploit vulnerable citizens,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “The Department of Justice will continue its efforts to protect people from those who knowingly peddle ineffective and potentially dangerous products as treatments for serious illnesses.”
“Deplorable schemes involving unproven, ineffective and worthless medical devices take advantage of people who are impaired by chronic, debilitating pain and disease. The U.S. Postal Inspection Service is committed to ensuring that these types of schemes are investigated aggressively,” said U.S. Postal Inspector in Charge Dana Carter of the Denver Division, which covers multiple states including South Dakota. “It is imperative that we continue to protect those vulnerable individuals who unknowingly fall prey to these schemes in their time of need. We cannot allow fraudsters like these to utilize the U.S. mail to further their schemes.”
U.S. District Judge Karen E. Schreier accepted Kossovkaia’s plea. In addition to fines, Kossovskaia faces a maximum statutory sentence of five years’ imprisonment. A sentencing date has not yet been set.
The U.S. Postal Inspection Service investigated this case. Trial Attorney Ross S. Goldstein of the Justice Department’s Consumer Protection Branch and Assistant U.S. Attorney Kevin Koliner of the U.S. Attorney’s Office for the District of South Dakota are prosecuting the case.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the District of South Dakota, visit its website at https://www.justice.gov/usao-sd.
Soldier Creek Man Charged with Aggravated Sexual AbuseRead the Press Release
United States Attorney Ronald A. Parsons, Jr. announced that a Soldier Creek, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse and Sexual Abuse of a Minor.
Rylan Alton Joel Black Lance, age 22, was indicted on November 14, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 9, 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, any term of years, not less than 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 5, 2017, Black Lance knowingly caused and attempted to cause a female victim to engage in a sexual act, by the use of force.
The charges are merely an accusation and Black Lance is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Daniel C. Nelson is prosecuting the case.
Black Lance was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Sioux Falls Men Sentenced in Methamphetamine ConspiracyRead the Press Release
United States Attorney Ronald A. Parsons, Jr. announces that two Sioux Falls, South Dakota, men convicted of Conspiracy to Distribute Methamphetamine were sentenced on January 4, 2018, by U.S. District Judge Karen E. Schreier.
Cody Baade, age 25, was sentenced to 210 months in custody and a $100 special assessment to the Federal Crime Victims Fund. Corey Roelfsema, age 29, was sentenced to 240 months in custody and a $100 special assessment to the Federal Crime Victims Fund.
A superseding indictment was issued against the two for Conspiracy to Distribute Methamphetamine by a federal grand jury on April 4, 2017. Baade pled guilty to the Indictment on September 27, 2017. Roelfsema was found guilty after a jury trial on October 4, 2017.
Starting in 2014, Baade, Roelfsema, and others were involved in a conspiracy to distribute methamphetamine that brought over 30 kilograms of methamphetamine to Sioux Falls.
This case was investigated by the Drug Enforcement Administration, the the Sioux Falls Area Drug Task Force, and the South Dakota Highway Patrol. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Mission Man Convicted of Possession of Stolen FirearmsRead the Press Release
United States Attorney Ronald A. Parsons, Jr. announced that Jesse J. Waln, age 32, of Mission, South Dakota, was found guilty of two counts of Possession of Stolen Firearms as a result of a federal jury trial in Pierre, South Dakota.
The charges each carry a maximum penalty of up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.
Waln was indicted by a federal grand jury on January 19, 2017.
During the weekend of November 11 to 13, 2016, several co-defendants broke into a home located in Mission, and stole many household items, clothes, tools, power tools, an ATV, firearms, and ammunition.
Waln received and possessed a stolen Benelli SuperNova 12 Gauge Shotgun, which he later hid in a tree line. He also received a stolen Savage .204 caliber rifle that was traded for methamphetamine and recovered at a known drug house. Waln admitted he was also a regular user of methamphetamine.
The jury found the defendant knew the firearms were stolen and that the defendant possessed each of the firearms with such knowledge.
In addition, on the morning of the first day of the jury trial, the defendant admitted he burglarized another home in Mission in May 2016. Regarding that offense, he was convicted of First Degree Burglary and Larceny for working with others to purloin property from his neighbor’s house, and that he entered and stole a valuable Michael Jordan autographed poster.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Federal Bureau of Investigation. Assistant U.S. Attorneys Meghan N. Dilges and Daniel C. Nelson prosecuted the case.
A presentence investigation was ordered and a sentencing hearing was set for March 19, 2018, when Waln and several of his crime partners will be sentenced. Waln was remanded to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Ronald A. Parsons, Jr. announced that an Eagle Butte, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on January 2, 2018, by U.S. District Judge Roberto A. Lange.
Colton White Feather, age 23, was sentenced to 41 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.
White Feather was indicted by a federal grand jury on May 16, 2017. He pled guilty on October 17, 2017.
The conviction stemmed from an incident on July 28 and 29, 2016, when White Feather went to an individual’s home with a 3/4" wooden mop handle and ended up in a dispute with people who were present and swung the mop handle, hitting the victim in the head which resulted in the victim breaking her jaw.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
White Feather was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for AssaultRead the Press Release
United States Attorney Ronald A. Parsons, Jr. announced that an Eagle Butte, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on January 5, 2018, by U.S. District Judge Roberto A. Lange.
Celby Noisy Hawk, Jr., age 42, was sentenced to 42 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.
Noisy Hawk was indicted by a federal grand jury on July 18, 2017. He pled guilty on September 26, 2017.
The conviction stemmed from an incident on June 9, 2017, when Noisy Hawk asked an individual for money to buy alcohol and the individual denied his request, telling Noisy Hawk that he was already very drunk. The denial resulted in an argument between Noisy Hawk and the individual, who then called the police department. Prior to law enforcement arriving, Noisy Hawk punched the victim several times in the head and face, and when the victim attempted to walk away, Noisy Hawk hit the victim again causing her to fall and breaking her ankle. The punches to the victim’s face caused a fracture in the right orbital socket, a closed head injury with a small subdural hematoma, and a small cortical convexity subarachnoid hemorrhage.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Noisy Hawk was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Indicted on Methamphetamine and Firearm ChargesRead the Press Release
United States Attorney Ronald A. Parsons, Jr. announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person.
Nevin Thomas Joaquin, age 29, was indicted on December 12, 2017. He appeared before U.S. Magistrate Court Judge Daneta Wollmann on December 14, 2017, and pled not guilty to the Indictment.
The maximum penalties upon conviction are life in prison, a $10,000,000 fine, a lifetime of supervised release, forfeiture of firearms, ammunition, and U.S. currency, and a special assessment of $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between September 1, 2013, and December 12, 2017, Joaquin knowingly and intentionally conspired with others to distribute and possess with intent to distribute 500 grams or more of methamphetamine. The Indictment further alleges that on April 1, 2016, and February 18, 2016, Joaquin unlawfully possessed firearms.
The charges are merely accusations and Joaquin is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, the Federal Bureau of Investigation, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Joaquin was ordered to be detained. A trial date has been set for February 20, 2018.
Chicago, Illinios Men Sentenced in Heroin ConspiracyRead the Press Release
United States Attorney Ronald A. Parsons, Jr. announces that two Chicago, Illinois, men convicted of Conspiracy to Distribute Heroin were sentenced on January 4, 2018, by U.S. District Judge Karen E. Schreier.
Clifton Curtis Odie, age 42, was sentenced to 240 months in custody and a $100 special assessment to the Federal Crime Victims Fund. Robert Andrew Lockhart, age 48, was sentenced to 107 months in custody and a $100 special assessment to the Federal Crime Victims Fund. Co-conspirators Raleigh Dee Thomas, age 26, and Stephen Nathaniel Harris, age 38, were each sentenced to 60 months in custody by Judge Schreier in October of 2017.
An indictment was issued against the group for Conspiracy to Distribute Heroin by a federal grand jury on February 7, 2017. All four pled guilty to the charge in 2017.
Starting in 2014, Odie and his associates brought over one kilogram of heroin to Sioux Falls from Chicago and distributed the heroin, sometimes trading heroin for firearms.
This case was investigated by the Drug Enforcement Administration and the Sioux Falls Area Drug Task Force. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Cherry Creek Woman Sentenced for Concealing a Person from ArrestRead the Press Release
United States Attorney Ronald A. Parsons, Jr. announced that a Cherry Creek, South Dakota, woman convicted of Concealing a Person from Arrest was sentenced on January 3, 2018, by U.S. District Judge Roberto A. Lange.
September Waloke, age 52, was sentenced to 3 months in prison, followed by 1 year of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Waloke was indicted by a federal grand jury on November 9, 2016, for Concealing a Person from Arrest. She was found guilty on September 14, 2017, following a three-day jury trial.
The evidence produced at trial indicated the following: In the early morning hours of October 20, 2016, Deputy U.S. Marshals went to the Condon Waloke residence in Cherry Creek in an attempt to locate Tyson LeCompte, a/k/a Tyson Garreau, who had been issued a federal arrest warrant for failing to return to the Hughes County jail, following his release on a one-day furlough the day before. When LeCompte was not found in the residence, the deputies advised Condon and Waloke that they could not conceal, harbor, or assist LeCompte in any manner, and that they needed to contact law enforcement if they came into contact with him.
Later that same morning, LeCompte came to the Condon Waloke residence and stayed there throughout the day. Around 5:00 p.m. that evening, Cheyenne River Sioux Tribal Police went to the residence and found LeCompte hiding in one of the bedrooms under a bed. The jury found that Waloke knew that LeCompte was in the home and intentionally harbored and concealed LeCompte to prevent his arrest.
This case was investigated by the U.S. Marshals Service, and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Waloke was ordered to self-report to the custody of the U.S. Marshals Service on January 5, 2018, to begin serving her sentence.
Ron Parsons Takes the Helm as the 42nd U.S. Attorney for the District of South DakotaRead the Press Release
Ronald A. Parsons, Jr. has been sworn in as the 42nd United States Attorney for the District of South Dakota. He was sworn in by U.S. District Judge Karen E. Schreier at a brief ceremony in Sioux Falls, South Dakota, on January 5, 2018. He began his duties immediately.
As U.S. Attorney, Mr. Parsons is the chief law enforcement officer responsible for prosecuting and defending the interests of the United States in the District of South Dakota. Mr. Parsons was nominated by President Donald J. Trump, and he was recently confirmed by the U.S. Senate, to serve as the District’s U.S. Attorney.
Before his confirmation, Mr. Parsons was a partner at the law firm of Johnson Janklow Abdallah Reiter & Parsons LLP. He received his B.A. from the University of Minnesota and his J.D. from the University of South Dakota School of Law. Following law school, he clerked for the Honorable Roger L. Wollman, Circuit Judge, U.S. Court of Appeals for the Eighth Circuit.
“I’m very grateful for the appointment and excited to be joining such a talented and dedicated team of public servants,” said Parsons.
Mr. Parsons lives in Sioux Falls with his wife and daughter.
McLaughlin Man Sentenced for Assault by StrangulationRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a McLaughlin, South Dakota, man convicted of Assault of an Intimate Partner by Strangulation was sentenced on January 4, 2018, by U.S. District Judge Charles B. Kornmann.
River Grey Bull, age 23, was sentenced to 18 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.
Grey Bull was indicted by a federal grand jury on May 16, 2017. He pled guilty on October 23, 2017.
The conviction stemmed from an incident on April 11, 2016, when Grey Bull and his intimate partner were sleeping at a residence in McLaughlin. When Grey Bull awoke, he began demanding that his intimate partner leave the residence. Grey Bull approached her, pushed her against a wall, and began strangling her.
This case was investigated by the Bureau of Indian Affairs. Assistant U.S. Attorney Daniel C. Nelson prosecuted the case.
Grey Bull was immediately turned over to the custody of the U.S. Marshals Service.
Little Eagle Man Sentenced for Child Abuse, Assaults, and Child PornographyRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Little Eagle, South Dakota, man convicted in two separate trials of three counts of Child Abuse, three counts of Assault with a Dangerous Weapon, and Receipt of Images Depicting the Sexual Exploitation of Minors was sentenced on January 4, 2018, by U.S. District Judge Charles B. Kornmann.
Chavez Spotted Horse, age 41, was sentenced to 76 months in custody, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $600 on the Child Abuse and Assault with a Dangerous Weapon charges, resulting from a jury trial conviction on October 19, 2017. Spotted Horse was also sentenced to 78 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 on the Receipt of Child Pornography charge, resulting from a jury trial conviction on November 8, 2017. The sentences are to be served consecutively to one another.
Spotted Horse was indicted by a federal grand jury on January 19, 2017, and again on March 15, 2017.
Following a 3-day federal jury trial held between October 17, 2017, and October 19, 2017, in Aberdeen, South Dakota, Spotted Horse was found guilty of three counts of Child Abuse and three counts of Assault with a Dangerous Weapon.
Following a 3-day federal jury trial held between November 6, 2017, and November 8, 2017, in Aberdeen, Johnson was found guilty of two counts of Receipt of Imaging Depicting the Sexual Exploitation of Minors and Possession of Child Pornography. The Possession of Child Pornography charge was later dismissed by the Government.
The convictions on the Child Abuse and Assault with a Dangerous Weapon charges stem from an incident on December 1, 2016, when the Bureau of Indian Affairs law enforcement was summoned to a school in Little Eagle, to investigate a reported child abuse matter. Upon arrival, officers made contact with the 11-year-old victim, who was visibly bruised over large portions of her body.
The victim informed the officer that Spotted Horse started to question her about boys. The victim stated that when she did not answer his questions, Spotted Horse started to beat her on her legs and back with a plastic kitchen spoon, a rod, and a plastic hanger. As a result of the assault, the victim suffered serious bruising to her legs and back.
The conviction on the Child Pornography charge stems from an incident in the fall of 2015, when the Federal Bureau of Investigation received information indicating a computer in Little Eagle was accessing child pornography. A search warrant was obtained and the home of Spotted Horse was searched. Computers and hard drives were seized pursuant to the search warrant. Spotted Horse provided passwords to the computers and admitted to viewing and receiving child pornography on the computers, over the internet on specialized websites, including sexually explicit pictures of young children.
This case was investigated by the Federal Bureau of Investigation, Bureau of Indian Affairs, Standing Rock Agency, the Department of Homeland Security Homeland Security Investigations, the North Dakota Crime Bureau’s Internet Crimes Against Children Task Force, the South Dakota Division of Criminal Investigation-Internet Crimes Against Children Task Force, and the BIA-OJS Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Spotted Horse was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Criminal ContemptRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Mission, South Dakota, man charged with Criminal Contempt pled guilty to and was sentenced on January 3, 2018, by U.S. Magistrate Judge Mark A. Moreno.
Clint Roubideaux, age 33, was sentenced to 1 year of probation and ordered to serve 100 hours of community service. He was also ordered to pay a special assessment to the Federal Crime Victims Fund in the amount of $10.
The conviction stemmed from an incident that occurred in February 2017, wherein Roubideaux, who had been subpoenaed to testify as a witness, failed to appear at the U.S. Courthouse in Pierre, South Dakota.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Allen Man Acquitted of AssaultRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that an Allen, South Dakota, man was acquitted of Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury as a result of a federal jury trial in Rapid City, South Dakota. The verdict was returned on January 3, 2018.
Dennis Lucci, age 58, was initially indicted by a federal grand jury on July 18, 2017.
The investigation was conducted by the Bureau of Indian Affairs and the U.S. Attorney’s Office prosecuted the case.
Ziebach County Man Indicted on Methamphetamine and Firearm ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Ziebach County, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance, Maintaining a Drug-Involved Premises, and Possession of a Firearm by a Prohibited Person.
Jason Leo Fischer, age 33, was indicted on November 22, 2017. He appeared before U.S. Magistrate Court Judge Mark A. Moreno on December 11, 2017, and pled not guilty to the Indictment.
The maximum penalties upon conviction are up to 20 years in custody and/or a $1,000,000 fine, three years up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between June 1, 2016, and the date of the Indictment, Fischer knowingly and intentionally conspired with other persons to knowingly and intentionally distribute and to possess with the intent to distribute methamphetamine. The Indictment further alleges that since June 1, 2016, Fischer used and maintained his residence for purposes of distributing and using a controlled substance. Furthermore, it is alleged that on September 5, 2016, Fisher, an unlawful user of and addicted to a controlled substance, knowingly received and possessed a .22 caliber rifle, which had been shipped and transported in interstate commerce and foreign commerce, in violation of federal law.
The charges are merely accusations and Fischer is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division, the Federal Bureau of Investigation, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Fischer was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for February 6, 2018.
Wanblee Man Charged with Aggravated Sexual AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that a Wanblee, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse.
Isadore John Conquering Bear, age 44, was indicted on August 16, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 21, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to any term of years or life in custody and/or a $250,000 fine, 5 years up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on June 11, 2017, Conquering Bear, knowingly caused the victim to engage in a sexual act by use of force.
The charge is merely an accusation and Conquering Bear 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.
Conquering Bear was released on bond. A trial date has been set for April 3, 2018.
Mission Man Sentenced for Possession of CocaineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Possession of a Controlled Substance was sentenced on December 19, 2017, by U.S. Magistrate Judge Mark A. Moreno.
Charles Griffen Spotted Elk, age 21, was sentenced to 18 months probation, a $1,000 fine, forfeiture of U.S. currency seized by law enforcement, and a special assessment of $25 to the Federal Crime Victims Fund.
Spotted Elk was indicted by a federal grand jury on May 16, 2017, for Possession with Intent to Distribute a Controlled Substance. He pled guilty to Possession of a Controlled Substance on December 19, 2017.
On November 6, 2016, Rosebud Sioux Tribal Law Enforcement Service Officers performed a traffic stop on a vehicle near Mission, in which Spotted Elk was a passenger. Found inside the vehicle under the seat where Spotted Elk was sitting, was a plastic baggie containing 7.22 grams of cocaine and 2.88 grams of marijuana. Also found on Spotted Elk during the traffic stop was $56 in United States currency, and $538 in United States currency in the wallet belonging to the driver of the vehicle. Spotted Elk agreed to forfeit any interest he may have had in the currency.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Spotted Elk was released on conditions following sentencing.
Eagle Butte Man Sentenced for Possession of a Firearm by a Prohibited PersonRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Possession of Firearm by a Prohibited Person was sentenced on December 11, 2017, by U.S. District Judge Roberto A. Lange.
Elliot John Tiger, age 27, was sentenced to 10 months in custody, followed by 2 years of supervised release, forfeiture of two firearms and ammunition, and a special assessment of $100 to the Federal Crime Victims Fund.
Tiger was indicted by a federal grand jury on June 14, 2017, for Possession of a Firearm by a Prohibited Person and pled guilty to the charge on September 26, 2017.
On December 9, 2016, the Cheyenne River Sioux Tribal Police conducted a traffic stop on a vehicle in which Tiger was a passenger. At the time of the stop, law enforcement seized a .30-30 caliber rifle from the front seat where Tiger was sitting, and a 12 gauge shotgun located in the back seat. Tiger denies any ownership in the two firearms or any ammunition found in the vehicle; however, agreed to forfeit any interest he may have had in both the firearms and the ammunition. Tiger admitted to smoking marijuana on the date of the traffic stop and prior to that date. While he denied owning either firearm, Tiger admitted that the rifle was within his reach in the vehicle, and that he had fired both firearms earlier in the day.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotic Division and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Tiger was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Charged with Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Michael Thomas LeBeau, age 23, was indicted on December 19, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 20, 2017, 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 August 2, 2015, in Eagle Butte, LeBeau did unlawfully assault an individual with a dangerous weapon, that is, shod feet with the intent to do bodily harm and said assault did result in serious bodily injury.
The charge is merely an accusation and LeBeau 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.
LeBeau was released on a bond pending trial. A trial date has not been set.
Mission Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Assault by Striking, Beating, or Wounding was sentenced on December 19, 2017, by U.S. District Judge Roberto A. Lange.
Dace Lunderman, age 33, was sentenced to 319 days in prison, followed by 1 year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Lunderman was indicted by a federal grand jury on February 15, 2017. He pled guilty on December 19, 2017.
The conviction stemmed from an incident that occurred in the White Horse Community near Mission, in the early morning hours of January 6, 2017. Lunderman had been drinking at home and began arguing with a family member. He then picked up a knife and chased after two other individuals that were trying to depart the house. He ran into them near the doorway and cut one of them on the arm with the knife.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Lunderman was ordered to surrender to the U.S. Marshals Service by noon on December 27, 2017.
Harrold Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Harrold, South Dakota, man charged with Assaulting, Resisting, and Impeding a Federal Officer pled guilty and was sentenced on December 18, 2017, by U.S. Magistrate Judge Mark A. Moreno.
Raynard Lee Howe, Jr., age 20, was sentenced to two years of probation, and $25 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on April 28, 2017, when Howe, who was brought into the BIA Correctional center in Lower Brule following his arrest, refused to cooperate by refusing to answer any questions and remained silent. A correctional officer began to collect Howe’s personal belongings, but Howe began to move, squirm, and resist the officer in an attempt to impede the booking process.
The investigation was conducted by the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorney Troy R. Morley.
Mission Man Sentenced on Methamphetamine ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on December 11, 2017, by U.S. District Judge Roberto A. Lange.
Richard William Neiss, age 46, was sentenced to 46 months in custody, followed by 3 years of supervised release, a $1,000 fine, forfeiture of $1,141.76 and ammunition seized by law enforcement on November 24, 2016, and a special assessment of $100 to the Federal Crime Victims Fund.
Neiss 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. Neiss pled guilty to Conspiracy to Distribute a Controlled Substance (methamphetamine) on September 26, 2017.
Neiss admitted to possessing methamphetamine on three separate occasions, with the intent to further distribute it: 1) on July 22, 2014, Neiss was caught with 4 grams of methamphetamine at the Rosebud Sioux Tribe’s Casino; 2) on November 24, 2016, Neiss was stopped by Rosebud Sioux Tribal Police in Mission, and inside his vehicle was found 2.5 grams of methamphetamine, three digital scales, a large quantity of plastic baggies, $1,147.76 in U.S. currency, and a box of shotgun shells; and 3) on April 8, 2017, in Mission, Niess was arrested with 22.17 grams of methamphetamine, and a pipe and small plastic bowl with methamphetamine residue.
Further, Neiss admitted to distributing 11.1 grams of methamphetamine to another individual in Eagle Butte on February 8, 2017, for $1,050.00.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services, the Cheyenne River Sioux Tribe Narcotics Division, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Niess was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Woman Sentenced for Criminal ContemptRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, woman convicted of Criminal Contempt was sentenced on December 12, 2017, by U.S. District Judge Roberto A. Lange.
Demi Marie Gunville, age 25, was sentenced to 3 days in the custody of the U.S. Bureau of Prisons, 27 days of home confinement, a fine of $1,000, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $10.
Ms. Gunville was indicted by a federal grand jury on May 16, 2017. She pled guilty on December 12, 2017.
On January 27, 2017, Ms. Gunville agreed to be a third-party custodian for her brother, so he could be released on bond from federal custody. At the bond hearing, Ms. Gunville testified under oath before a U.S. Magistrate Judge. After the hearing, Ms. Gunville signed the Court’s order and agreed to live with and to supervise her brother at her residence at the family’s ranch outside of Eagle Butte.
In pleading guilty, Ms. Gunville admitted that she willfully and unlawfully disobeyed the Court’s order, because neither she nor her brother lived at the ranch, and she failed to supervise him at that ordered location.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Ms. Gunville was ordered to self-report to the custody of the U.S. Marshals Service on January 2, 2018.
Rapid City Man Sentenced for Attempted Enticement of a MinorRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Attempted Enticement of a Minor was sentenced on June 2, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Shane Davison, age 37, was sentenced to 20 years of imprisonment, followed by 15 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Davison was charged on May 24, 2016, and pleaded guilty on February 24, 2017. The conviction stems from Davison attempting to entice multiple minor females in the Phillipines to engage in criminal sexual acts using the internet, for financial payment.
This case was investigated by the Internet Crimes Against Children Taskforce. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Davison was immediately turned over to the custody of the U.S. Marshals Service.
Pine Ridge Man Sentenced for Victim TamperingRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man convicted of Tampering with a Victim by Threat was sentenced on December 11, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Daelan High Wolf, age 30, was sentenced to 33 months of imprisonment, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
High Wolf was charged on April 19, 2016, and pleaded guilty on July 13, 2017. The conviction stems from High Wolf robbing and assaulting a man with a dangerous weapon in March of 2016 at Pine Ridge, and then later threatening him.
This case was investigated by 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 Eric Kelderman prosecuted the case.
Mission Woman and Rapid City Man Sentenced for Drug ChargeRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, woman, and a Rapid City, South Dakota, man, convicted of Possession with Intent to Distribute a Controlled Substance were sentenced on December 11, 2017, and December 12, 2017, by U.S. District Judge Roberto A. Lange.
June Swalley, a/k/a June Einspahr, a/k/a June Dmytrasz, age 31, and Jeremey White Horse, age 41, were sentenced to 15 months in custody, followed by 3 years of supervised release, a fine of $1,000, forfeiture in the amount of $964, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Swalley and White Horse were indicted by a federal grand jury on February 15, 2017. They both pled guilty on October 2, 2017.
The convictions stem from two different traffic stops. On June 30, 2016, a Rosebud Sioux Tribe Law Enforcement Services Officer initiated a traffic stop of a black SUV. White Horse was driving and Swalley was a passenger. A K9 officer arrived on scene, and the K9 alerted to the presence of narcotics. During the execution of a vehicle search, 21 plastic baggies containing a white crystal substance, a digital scale, pipe, and drug paraphernalia were found in a bag in the vehicle near where Swalley was seated. United States currency in the amount of $870 was found hidden in the front console, and $94 was located in the back seat.
On July 21, 2016, a Rosebud Sioux Tribe Law Enforcement Services Officer conducted a traffic stop of White Horse’s vehicle. A K9 officer and his K9 arrived on scene, and the K9 alerted to the presence of narcotics. Upon a search of the vehicle, a black pouch was found containing several plastic baggies of a white crystal substance, a digital scale, drug paraphernalia, and a brick of green leafy substance. The items field-tested positive for methamphetamine and marijuana.
White Horse admitted that the drugs in the vehicle were his and that he had purchased them from Rapid City.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Swalley and White Horse were immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on December 12, 2017, by U.S. District Judge Roberto A. Lange.
Adrian William Fast Dog, age 37, was sentenced to 18 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.
Fast Dog was indicted by a federal grand jury on August 16, 2017. He pled guilty on October 30, 2017.
The conviction stems from Fast Dog failing to register as a sex offender as required by federal law between July 7, 2017, and August 4, 2017. Fast Dog had previously been convicted of a sex offense in federal court, which requires him to register for the rest of his life.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Fast Dog was immediately turned over to the custody of the U.S. Marshals Service.