District of South Dakota
Press releases recorded for this federal judicial district.
Eagle Butte Man Charged with Sexual AbuseRead 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 Aggravated Sexual Abuse and Sexual Abuse.
Lloyd Red Horse, Jr., age 19, was indicted on April 13, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 15, 2016, 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 of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about October 7, 2015, Red Horse knowingly engaged in and attempted to engage in a sexual act with a female individual, by the use of force. On that same date, Red Horse knowingly engaged in and attempted to engage in a sexual act with a female individual, when the victim was incapable of appraising the nature of the conduct, and was physically incapable of declining participation and communicating her unwillingness to engage in the sexual act.
The charges are merely accusations and Red Horse 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.
Red Horse was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Butte Man Charged with Failure to AppearRead 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 Failure to Appear.
Raymond Uses The Knife III, a/k/a Yamni Uses The Knife III, age 32, was indicted on April 13, 2016. He appeared before U.S. Magistrate Mark A. Moreno on April 19, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is not more than 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about April 5, 2016, Uses The Knife III, having been charged with the federal felony offenses of Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury, failed to appear in U.S. Magistrate Court on April 5, 2016, for a hearing on those charges.
The charge is merely an accusation and Uses The Knife III is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Uses The Knife III was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Butte Man Charged with AssaultRead 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.
Walter Hanson, Jr., age 31, was indicted on April 13, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 22, 2016, 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 $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about January 13, 2016, Hanson unlawfully assaulted a human being and said assault resulted in serious bodily injury.
The charges are merely accusations and Hanson 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.
Hanson was released on bond pending trial, which has been set for June 21, 2016.
Dupree Man Charged with Assault with a Dangerous WeaponRead the Press Release
United States Attorney Randolph J. Seiler announced that a Dupree, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon.
Kelly Gene Clown, age 41, was indicted on March 15, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 15, 2016, 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 May 23, 2015, Clown unlawfully assaulted an individual with shod feet, with the intent to do bodily harm to the victim.
The charge is merely an accusation and Clown is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Clown was released on bond pending trial, which has been set for June 7, 2016.
Caifornia Man Indicted for Conspiracy to Distribute MethRead the Press Release
United States Attorney Randolph J. Seiler announced that a San Pablo, California, man has been indicted by a federal grand jury for conspiracy to distribute a controlled substance.
Raymundo Cordova, age 33, was indicted on January 26, 2016. He appeared before U.S. Magistrate Judge Daneta Wollmann on April 4, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is a minimum of 10 years up to life in custody and/or a $10,000,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund.
From January 2013 through January 2016, Cordova conspired and agreed with others to possess and distribute 500 grams or more of methamphetamine within the District of South Dakota.
The charge is merely an accusation and Cordova is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Unified Narcotics Enforcement Team, United States Postal Inspection Service, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, South Dakota Division of Criminal Investigation, and the Rapid City Police Department. Assistant U.S. Attorneys Ted L. McBride and Kathryn N. Rich are prosecuting the case.
Cordova was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for June 7, 2016.
National Reentry Week - Tribal Reentry ProgramRead the Press Release
United States Attorney Christopher C. Myers for the District of North Dakota, and Randolph J. Seiler, United States Attorney for the District of South Dakota, announced that on April 22, 2016, the Standing Rock Sioux Tribe (SRST) Reentry Week Mentorship Program Launch will take place at the council chambers in the SRST government building located in Fort Yates, ND, at 12:30 p.m., and is open to the public as well as the media.
The United States Attorney’s Offices for both the Districts of North and South Dakota have been collaborating with the tribe since approximately December of 2014 to organize a Tribal Reentry Program that would address the growing issue of recidivist activity being committed by returning members. A Memorandum of Understanding (MOU) was signed by the U. S. Attorneys for the District of North and South Dakota in a ceremony that took place at the SRST Council Chambers in Fort Yates, ND, on July 7, 2015.
The MOU has led to the creation of a charter and plan of action in instituting a reentry program that will revolve around spiritual and cultural mentors who have successfully reintegrated back into the community. These mentors will, in turn, help the returning offenders become “reacclimated” to the reservation community and provide spiritual and cultural guidance on how to avoid the common pitfalls of reentry. At the April 22nd event, the Tribe will officially assign 3 to 5 members returning to the community to the first two fully-qualified mentors in the program, with an additional 6 to 8 mentors being assigned over the next 36 months.
“The launching of the Mentorship Program is an extraordinary step in a positive direction,” said Troy Morley, a reentry services team member, Assistant U.S Attorney, and Tribal Liaison for the District of South Dakota. “The MOU we have in place has provided an incredible opportunity for the Standing Rock Sioux Tribe, and all of the state and federal partners, to work jointly towards the goal of reducing recidivism and increasing public safety for all tribal members. We are excited about this reentry program, which will allow mentors to help others successfully integrate themselves back into their communities.”
The MOU that set the program into motion was signed by the South Dakota U.S. Attorney’s Office, North Dakota U.S. Attorney’s Office, Standing Rock Sioux Tribe, Bureau of Indian Affairs Office of Justice Services - Standing Rock Agency, South Dakota Department of Corrections, North Dakota Department of Corrections and Rehabilitation, South Dakota Unified Judicial System, North Dakota U.S. Probation and Pretrial Services, South Dakota U.S. Probation and Pretrial Services, South Dakota Department of Tribal Relations, and the North Dakota Indian Affairs Commission.
For information regarding National Reentry Week, please click on this link: https://www.justice.gov/opa/blog/national-reentry-week
Oklahoma Man Sentenced for Possession of a Firearm by a Prohibited Person and Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Sand Springs, Oklahoma, man convicted of Possession of a Firearm by a Prohibited Person and Failure to Register as a Sex Offender was sentenced on April 4, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
As to the charge of Possession of a Firearm by a Prohibited Person, Garnette Titus, age 43, was sentenced to 77 months in custody, 2 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. As to the Failure to Register as a Sex Offender charge, Titus was sentenced to 60 months in custody, 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. The periods of custody and supervised release are to run concurrent to each other.
Titus was indicted for the charges on June 16, 2015. Titus pled guilty on August 24, 2015.
The charges related to Titus being in possession of a .380 pistol on March 18, 2015, near Pine Ridge, after having been previously convicted of felonies. Titus also failed to register as a convicted sex offender between April 1, 2014, and March 18, 2015. While Titus was unregistered, he assaulted a tribal corrections officer.
This case was investigated by the Bureau of Indian Affairs Division of Drug Enforcement, the Oglala Sioux Tribe Department of Public Safety, the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the U.S. Marshals Service. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Titus was immediately returned to the custody of the U.S. Marshals Service.
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Appeals Court Agrees Department of Agriculture Did Not Act Contrary to LawRead the Press Release
United States Attorney Randolph J. Seiler announced that a 2011 wetland determination made by the United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS) was affirmed by the Eighth Circuit Court of Appeals this week.
Arlen and Cindy Foster (Fosters) challenged a USDA determination that a portion of their farmland was a wetland within the meaning of federal statutes and regulations. In 2014, District Court Judge Karen Schreier granted summary judgment in favor of the USDA after concluding the agency’s decision was not arbitrary, capricious, or contrary to the law. The appeals court agreed.
In 1985, Congress enacted what are commonly referred to as “Swampbuster” provisions in order to combat the disappearance of wetlands through conversions into crop lands. The Swampbuster provisions provide that agricultural production on a converted wetland would cause a farmer to forfeit eligibility for a number of federal farm-assistance programs.
Under Swampbuster provisions, the NRCS is charged with determining and certifying wetlands. In order for a site to be classified as a wetland, NRCS must establish that three criteria have been met: (1) that the land has a predominance of hydric soils; (2) the presence of wetland hydrology (defined as sufficient surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophyic vegetation); and (3) that under normal circumstances the land supports a prevalence of hydrophyic vegetation.
The NRCS determined that 0.8 acres of the Fosters’ property was a wetland. The Fosters appealed the wetland status to the National Appeals Division (NAD), an agency independent from the USDA, which affirmed the NRCS determination. The Fosters then filed a lawsuit in District Court challenging the basis for the NRCS's determination of the wetland status as being arbitrary, capricious, or otherwise not in accordance with the law.
The Fosters specifically challenged the NRCS’s use of aerial photography and a wetland reference site, but the District Court concluded, and the appeals court agreed, that the NRCS properly followed its wetland determination procedures and criteria established to make wetland determinations. Ultimately, the Courts held that the agency made a rational connection between the facts and the wetland determination, and thus, the NRCS did not act arbitrarily or capriciously, or contrary to the law.
The agency determination was defended by Assistant United States Attorney Cheryl Schrempp DuPris and the USDA, Office of the General Counsel.
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St. Francis Man Charged with Assaulting Federal OfficersRead the Press Release
United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for two counts of Assaulting, Opposing, Resisting, and Impeding a Federal Officer.
James Two Charger, age 24, was indicted on March 15, 2016. He appeared before United States Magistrate Judge Mark A. Moreno on March 30, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction for each count 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.
It is alleged that on March 1, 2016, Two Charger assaulted one officer by hitting the officer in the abdomen and side as the officer attempted to arrest Two Charger. Two Charger then spit directly at another officer’s face.
The charge is merely an accusation and Two Charger is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribal Law Enforcement Services. Assistant U.S. Attorney Carrie G. Sanderson is
prosecuting the case.
Two Charger was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been scheduled for May 25, 2016.
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Rosebud Man Sentenced for Felon in Possession of a FirearmRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on April 5, 2016, by United States District Court Judge Roberto A. Lange.
Anthony Farmer, age 32, was sentenced to 27 months in custody, 3 years of supervised release, and $100 special assessment to the Federal Crime Victims Fund. Farmer was also ordered to forfeit his firearm.
Farmer was indicted for Felon in Possession of a Firearm and Failure to Register as a Sex Offender by a federal grand jury on June 9, 2015. He pled guilty to Felon in Possession of a Firearm on January 20, 2016.
On March 16, 2010, Farmer was convicted of Abusive Sexual Contact with a Child and received a 48 months custody sentence, to be followed by a 5 year term of supervised release. On August 2, 2013, Farmer began his term of supervised release.
On April 1, 2015, Farmer was arrested for sex offender registration violations and was in possession of a .22 caliber rifle at the time of his arrest.
This case was investigated by Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.
Farmer was immediately turned over to the custody of the U.S. Marshals Service.
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Rosebud Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on April 11, 2016, by United States District Court Judge Roberto A. Lange.
Dwight Black Spotted Horse, age 31, was sentenced to 21 months in custody, 5 years supervised release, and $100 special assessment to the Federal Crime Victims Fund.
Black Spotted Horse was indicted for Failure to Register as a Sex Offender by a federal grand jury on December 8, 2015. He pled guilty on February 9, 2016.
On April 23, 2007, Black Spotted Horse was sentenced to 70 months in federal custody for Sexual Abuse of a Minor. As a result of his conviction, he is required to register as a sex offender. Between September 14, 2015, and November 6, 2015, Black Spotted Horse, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under Federal Law, failed to properly register as a sex offender in Pennington county and elsewhere.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.
Black Spotted Horse was immediately turned over to the custody of the U.S. Marshals Service.
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Rosebud Man Charged with Child AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Child Abuse and Operating a Motor Vehicle Under the Influence of Alcohol with a Minor Present in the Motor Vehicle.
Colton Poorman, age 36, was indicted on March 15, 2016. He appeared before United States Magistrate Judge Mark A. Moreno on March 30, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction of child abuse is up to 15 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. The maximum penalty upon conviction of operating a motor vehicle under the influence of alcohol with a minor present in the motor vehicle is up to 1 year in custody and/or a $100,000 fine, 1 year of supervised release, and $25 to the Federal Crime Victims Fund. Restitution may also be ordered.
It is alleged that on October 11, 2015, Poorman committed the public offense of driving or control of a vehicle while under the influence of alcohol and that there was a minor child in the vehicle who had not attained the age of seven years.
The charge is merely an accusation and Poorman 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 Carrie G. Sanderson is prosecuting the case.
Poorman was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
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Manderson Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Randolph J. Seiler announced that a Manderson, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on April 5, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Hermis Tall, a/k/a Hermis Earl Janis, Jr., age 25, was sentenced to time served, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Tall pled guilty to Assault Resulting in Serious Bodily Injury on January 4, 2016.
The conviction stems from Tall assaulting a female near Manderson between October 23 and 24, 2014. The assault resulted in the victim receiving cuts to her face, bruising to her head and neck, and injury to her hips and pelvic area.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
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Little Rock, Iowa Man Sentenced for Transmitting Information about a MinorRead the Press Release
United States Attorney Randolph J. Seiler announced that a Little Rock, Iowa man convicted of Use of Interstate Facilities to Transmit Information about a Minor was sentenced on April 11, 2016, by United States District Court Judge Karen E. Schreier.
Lance Eugene Hunter, Jr., age 30, was sentenced to 18 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Hunter was indicted by a federal grand jury on June 2, 2015. He pled guilty on January 26, 2016.
Hunter responded to an advertisement on the Internet website of Backpage.com that was posted as part of a law enforcement undercover operation. Using his cell phone to send text messages, Hunter agreed to meet at a location in Sioux Falls to have sex with a fictitious 15 year-old girl. Law enforcement officers arrested Hunter after he attempted to leave the scene. They found the cell phone used for text messages as well as $100 in cash.
This case was investigated by the South Dakota Division of Criminal Investigation and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Hunter was ordered to self-surrender on May 2, 2016.
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Bullhead Man Charged with Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Bullhead, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Mario Delaney Crow Ghost, age 45, was indicted on March 15, 2016. He appeared before U.S. Magistrate Judge William D. Gerdes on April 8, 2016, 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 19, 2015, and March 15, 2016, Crow Ghost, 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 Crow Ghost 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.
Crow Ghost was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
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White River Woman Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a White River, South Dakota, woman has been indicted by a federal grand jury for Assaulting, Resisting, Opposing, and Impeding a Federal Officer.
Jessica Moran, age 39, was indicted on March 15, 2016. She appeared before U.S. Magistrate Judge Mark A. Moreno on April 5, 2016, 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.
It is alleged that on December 10, 2015, Moran assaulted a corrections officer, while in custody at the Adult Corrections Facility in Rosebud. Moran allegedly kicked the corrections officer twice in the legs.
The charge is merely an accusation and Moran 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 Carrie G. Sanderson is prosecuting the case.
Moran was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Three Eagle Butte Men 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 three Eagle Butte, South Dakota, men have been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily.
Tahlon Ducheneaux, age 23, Raymond Uses The Knife, III, a/k/a Yamni Uses The Knife, III, age 25, and Chase Dolphus, age 21, were indicted on February 17, 2016. All three made initial appearances before U.S. Magistrate Judge Mark A. Moreno, 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 $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about July 25, 2015, Ducheneaux, Uses The Knife, and Dolphus unlawfully assaulted another human being, resulting in serious bodily injury.
The charges are merely accusation and Ducheneaux, Uses The Knife, and Dolphus are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Ducheneaux and Dolphus were released on bond pending trial. Uses The Knife was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for April 26, 2016.
Rapid City Man Indicted for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Joseph Hatchett, age 39, was indicted on March 22, 2016. Hatchett appeared before U.S. Magistrate Judge Daneta Wollmann on April 4, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Hatchett failing to register and update his registration as a convicted sex offender between January 15, 2016, and March 10, 2016.
The charge is merely an accusation and Hatchett is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Hatchett was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for June 7, 2016.
Pine Ridge Man Indicted for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Franklin Long Black Cat, a/k/a Franklin Long, age 22, was indicted on March 22, 2016. He appeared before U.S. Magistrate Judge Daneta Wollman on March 25, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction on Count I and II 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 charges relate to an incident that occurred on February 14, 2016, where Long Black Cat assaulted the victim with a dangerous weapon, resulting in serious bodily injury.
The charge is merely an accusation and Long Black Cat is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs Office of Justice Services. Assistant U.S. Attorney Megan Poppen is prosecuting the case.
Long Black Cat was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for May 31, 2016.
Okreek Man Charged with Involuntary ManslaughterRead the Press Release
United States Attorney Randolph J. Seiler announced that an Okreek, South Dakota, man has been indicted by a federal grand jury for Involuntary Manslaughter.
Donovan Wright, age 48, was indicted on February 17, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 5, 2016, 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.
It is alleged that on January 30, 2016, in Todd County, South Dakota, Wright killed a man by operating a motor vehicle in a grossly negligent manner.
The charge is merely an accusation and Wright is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and Federal Bureau of Investigation. Assistant U.S. Attorney Kirk W. Albertson is prosecuting the case.
Wright was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mission Man Charged with Aggravated Sexual Abuse of a ChildRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child.
Jeremiah Jay Swalley, age 33, was indicted on March 22, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 8, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is thirty years up to life in custody and/or a $250,000 fine, up to life of supervised release, $100 to the Federal Crime Victims Fund, and a $5,000 assessment to the Domestic Trafficking Fund. Restitution may also be ordered.
The Indictment alleges that between July 1, 2015, and July 31, 2015, Swalley knowingly engaged in and attempted to engage in a sexual act, by the use of force, with a child who had not attained the age of 16 years, and was, at least, four years younger than Swalley.
The charge is merely an accusation and Swalley is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk W. Albertson is prosecuting the case.
Swalley was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for June 7, 2016.
Lower Brule Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on April 11, 2016, by U.S. District Judge Roberto A. Lange.
Glen Eagle Thunder, age 41, was sentenced to 21 months of custody, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund of $100.
Eagle Thunder was indicted by a federal grand jury on December 18, 2015. He pled guilty on February 9, 2016.
The conviction stems from Eagle Thunder failing to register as a sex offender between September 1, 2015, and November 10, 2015.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Eagle Thunder was immediately turned over to the custody of the U.S. Marshals Service.
Four Individuals Recognized as part of National Crime Victims’ Rights Week, April 10-16Read the Press Release
United States Attorney Randolph J. Seiler announced that four individuals will be awarded Department of Justice Certificates of Appreciation as part of National Crime Victims’ Rights Week 2016. The U.S. Attorney’s Office will present the honorees with their awards and provide brief remarks in recognition of their outstanding dedication, service, and contributions on behalf of crime victims.
National Crime Victims’ Rights Week honors and celebrates the achievements of the past thirty years in securing rights, protections, and services for victims. The bipartisan Victims of Crime Act (VOCA), passed by Congress in 1984, created a national fund to ease victims’ suffering. Financed by fines and penalties paid by offenders, the Crime Victims Fund supports services for victims of all types of crime, including assistance for homicide survivors, survivors of child sexual abuse, and victims of human trafficking, as well as rape crisis centers and domestic violence programs among others. VOCA also funds victim compensation programs that pay victims’ out-of-pocket expenses - such as counseling, funeral expenses, and lost wages.
The first ceremony will be held in Pine Ridge on Friday, April 15, 2016, at the Justice Center for the People, located at 977 Horse Thief Road. It will be held prior to the Multidisciplinary Task Force Meeting at 10:00 a.m. MST. The individual honored at this event will be Cheryl Renee Bourque. Ms. Bourque is an enrolled citizen of the Muscogee (Creek) Nation of Oklahoma. She is currently a Victim Specialist with the Bureau of Indian Affairs, Office of Justice Services, assigned to the Pine Ridge Agency in South Dakota.
Ms. Bourque has over 13 years of experience dealing with victims of crime in Indian country, working on several different reservations, including Oklahoma’s complex jurisdiction. For the last 25 months, she has been assigned to the Pine Ridge Agency where she has helped literally hundreds of crime victims. The victims have benefitted from her extensive knowledge and experience in dealing with violent crimes, as she guided them through some of the most traumatic times in their lives. Ms. Bourque’s experience as an advocate and law enforcement officer provides a unique perspective on systems’ response in addressing victim’s needs. She has held several different positions on boards and task forces and has been a leading voice in helping to raise awareness about the unique issues facing victims in Indian country.
Ms. Bourque has held positions as the Executive Director for the Oklahoma Tribal Coalition, as a state and tribal domestic violence/sexual assault advocate, and as a law enforcement officer. She is a contract/adjunct instructor with the Federal Law Enforcement Training Center, based in Glynco, Georgia, and she has traveled across the nation to instruct on issues pertaining to domestic violence, and sexual assault and stalking, with an emphasis on serving victims of crime in Indian country.
The second ceremony will be in Eagle Butte on Thursday, April 28, 2016. It will also be held prior to the Multidisciplinary Task Force Meeting at 10:00 a.m. MST. The two award recipients will be Cheyenne River Sioux Tribe Detective Russell Leaf and Federal Bureau of Investigation Special Agent James Asher.
Cheyenne River Sioux Tribe Criminal Investigator Russell Leaf has served the public as a law enforcement officer since 1985, making him one of the longest serving law enforcement officers in South Dakota. He began his law enforcement career as a military police officer stationed in Fort Carson, Colorado and in Germany. Since leaving military service, Criminal Investigator Leaf has served people in Indian country since 1987. He has worked for Tribal and Bureau of Indian Affairs Police Departments in Standing Rock, Yankton, Winnebago and Omaha (Nebraska), Crow Agency (Montana), Fort Duchesne (Utah), and Red Lake (Minnesota). Criminal Investigator Leaf began his career in Tribal law enforcement working for the Cheyenne River Sioux Tribe. He returned there in 2002, where he has spent the last 14 years of his career, and has been a Criminal Investigator for the Cheyenne River Sioux Tribe since 2008.
Special Agent (SA) James Asher graduated from Cedarville University in Ohio in 2002. After graduating from college, SA Asher joined the military and was an Army Infantry Officer in the 82nd Airborne Division from 2002 until 2008. In 2008, SA Asher joined the Federal Bureau of Investigation. He initially worked in Kansas City and Los Angeles, where he specialized in investigations involving gangs and narcotics. In April of 2015, SA Asher transferred to the Pierre Resident Agency, where he investigates sexual assault cases and other violent crimes in Indian country.
The fourth recipient, Cynthia Johanson, a Probation Officer with the Flandreau Santee Sioux Tribal Court, will be honored at a ceremony in Flandreau on May 5, 2016.
For additional information about this year’s National Crime Victims’ Rights Week, visit: http://www.ovc.gov/
Rosebud Man Sentenced for Assault with a Dangerous Weapon and Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Assault with a Dangerous Weapon and Assaulting, Resisting, Opposing and Impeding a Federal Officer was sentenced on April 4, 2016, by U.S. District Judge Roberto A. Lange.
Eric Joseph Oliver, age 34, was sentenced to 40 months in custody, folllowed by two years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.
Oliver was indicted by a federal grand jury on July 14, 2015, for Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, Assault by Strangulation and Suffocation, and Assaulting, Resisting, Opposing, and Impeding a Federal Officer. He pled guilty to Assault with a Dangerous Weapon and Assaulting a Federal Officer on January 7, 2016.
On the evening of May 30, 2015, Oliver and his girlfriend, the victim, were at a home in Rosebud. An argument ensued between the couple and Oliver would not let the victim leave. Oliver hit the victim in the face with his hands and stabbed her with a sharp instrument. The victim sustained two shallow stab wounds; one to the right side of her neck and one to the top of her head. The victim was able to escape and call Rosebud Sioux Tribe Law Enforcement Services for assistance. The victim was transported to the Indian Health Services Hospital in Rosebud to receive medical care.
Two officers responded to the call, and Oliver was non-compliant with them. Oliver was escorted out of the house and once outside of the home, he kicked one of the officers twice and spat at another officer’s face.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and Federal Bureau of Investigation. Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.
Oliver was immediately turned over to the custody of the U.S. Marshals Service.
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Rapid City Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that Rapid City, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on March 25, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Susan Land, age 43, was sentenced to 36 months in custody, followed by four years of supervised release, and a $100 special assessment to the Federal Criminal Victims Fund.
Land was indicted for conspiracy to distribute methamphetamine by a federal grand jury on November 19, 2014. She pled guilty on December 4, 2015.
On September 22, 2014, Land conspired and agreed with other persons, and travelled from North Dakota, to intentionally distribute 83 grams of methamphetamine to South Dakota. Land distributed more than 200 grams of methamphetamine during the course of this conspiracy.
This case was investigated by the Unified Narcotics Enforcement Team, United States Drug Enforcement Administration, South Dakota Division of Criminal Investigation, Pennington County Sheriff’s Office, and the Rapid City Police Department. Assistant U.S. Attorney Ted L. McBride prosecuted the case.
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Pine Ridge Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on March 25, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Jay Dooley, age 23, was sentenced to 120 months in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. He pled guilty on December 11, 2015.
Beginning in February of 2014, Dooley obtained methamphetamine from Corey Thompson and others, which he intended to distribute within South Dakota. Dooley distributed more than 500 grams of methamphetamine during the course of this conspiracy.
This case was investigated by the Unified Narcotics Enforcement Team, United States Drug Enforcement Administration, South Dakota Division of Criminal Investigation, Pennington County Sheriff’s Office, and the Rapid City Police Department. Assistant U.S. Attorney Ted L. McBride prosecuted the case.
Dooley was immediately turned over to the custody of the U.S. Marshals Service.
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Porcupine Man Indicted for Assault on a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Porcupine, South Dakota, man has been indicted by a federal grand jury for Assaulting a Federal Officer.
Michael Lone Hill, age 27, was indicted on March 22, 2016. Lone Hill appeared before U.S. Magistrate Judge Daneta Wollmann on April 1, 2016, and pleaded 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 charge relates to an incident on March 17, 2016, at Evergreen Housing, when Lone Hill used a vehicle to assault a law enforcement officer employed with the Oglala Sioux Tribe Department of Public Safety.
The charge is merely an accusation and Lone Hill is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, and the Federal Bureau of Investigation. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Lone Hill was released on bond pending trial. A trial date has been set for June 7, 2016.
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Pine Ridge Man Indicted for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Orville Red Feather, age 43, was indicted on March 22, 2016. Red Feather appeared before U.S. Magistrate Judge Daneta Wollmann on April 1, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Red Feather failing to register and update his registration as a convicted sex offender between January 1, 2016, and March 22, 2016, at Rapid City.
The charge is merely an accusation and Red Feather is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Red Feather was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for June 7, 2016.
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Okreek Man Sentenced for Assault with a Dangerous WeaponRead the Press Release
United States Attorney Randolph J. Seiler announced that an Okreek, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on April 4, 2016, by U.S. District Judge Roberto A. Lange.
Robert J. LaVallie, a/k/a Robert Gross, age 34, was sentenced to 15 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. LaVallie also forfeits interest in the firearms seized during a search of his residence.
LaVallie was originally indicted by a federal grand jury on November 13, 2014. A superseding indictment was filed on November 10, 2015, charging LaVallie with Assault with a Dangerous Weapon, and Brandishing, Carrying or Possessing a Firearm During and In Relation to a Crime of Violence. He pled guilty to Assault with a Dangerous Weapon on January 7, 2016.
The conviction arose from an incident on May 31, 2014, in Todd County, South Dakota, when LaVallie and the victim got into a verbal argument. LaVallie began yelling at the victim and pointing at her, telling their children, “If I shoot myself, it’s because of this right here.” The children ran out of the house and the victim went to phone for help. LaVallie was carrying a handgun in a holster on his waist. He withdrew the firearm, waved it around, and threatened to kill the victim. He then grabbed two assault-type rifles and started putting clips into them. The victim left the house, called the police, and LaVallie was taken into custody. A search warrant of the residence resulted in the seizure of several firearms and ammunition.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
LaVallie was immediately turned over to the custody of the U.S. Marshals Service.
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Mission Woman Sentenced to 60 Months for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on April 5, 2016, by U.S. District Judge Roberto A. Lange.
Danielle Lane Provancial, age 21, was sentenced to 60 months in custody, followed by 4 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Provancial was indicted by a federal grand jury on September 15, 2015. She pled guilty on January 20, 2016, to distributing 50 grams or more of methamphetamine.
Beginning in March of 2015, Provancial received and distributed methamphetamine in South Dakota. The individuals who provided Provancial with large amounts of methamphetamine knew she intended to engage in further distribution. Provancial had other dealers working for her, and she carried a .22 pistol for protection because she was worried that she would be robbed while selling methamphetamine. It was reasonably foreseeable to Provancial that more than 50 grams of methamphetamine would be distributed during the course of this conspiracy.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorneys Ted L. McBride and SaraBeth Donovan prosecuted the case.
Provancial was immediately turned over to the custody of the U.S. Marshals Service.
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Mission Man Sentenced to 120 Months for Conspiracy to Distribute MethamphetamineRead 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 April 4, 2016, by U.S. District Judge Roberto A. Lange.
Leon Lloyd Farmer, age 35, was sentenced to 120 months in custody, 5 years of supervised release, a $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund.
Farmer was originally indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on May 19, 2015. He pled guilty on January 7, 2016, to distributing 500 grams or more of methamphetamine.
Beginning no later than November of 2013, Farmer received distributable quantities of methamphetamine from other individuals who knew he intended to engage in further distribution of the methamphetamine. Farmer provided methamphetamine to others, knowing they intended to engage in further distribution of the methamphetamine within South Dakota. It was reasonably foreseeable to Farmer that more than 500 grams of methamphetamine would be distributed during the course of his conspiracy.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorneys Ted L. McBride and SaraBeth Donovan prosecuted the case.
Farmer was immediately turned over to the custody of the U.S. Marshals Service.
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Mission Man Sentenced for Assault with a Dangerous Weapon and 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 two counts of Assault with a Dangerous Weapon and Aiding and Abetting, one count of Prohibited Person in Possession of Ammunition, and two counts of Failure to Register as a Sex Offender was sentenced on March 28, 2016, by U.S. District Court Judge Roberto A. Lange.
Richard Timothy Fool Bull, age 38, was sentenced to 117 months in custody, followed by 5 years of supervised release, $500 in special assessments to the Federal Crime Victims Fund, and $661.25 in restitution.
On February 10, 2015, Fool Bull was indicted by a federal grand jury for Failure to Register as a Sex Offender. On March 11, 2015, Fool Bull was indicted by a federal grand jury for Discharge of a Firearm During Crime of Violence, Felon in Possession of a Firearm, Failure to Register as a Sex Offender, and six counts of Assault with a Dangerous Weapon. He pled guilty on January 7, 2016, to two counts of Assault with a Dangerous Weapon and Aiding and Abetting, one count of Prohibited Person in Possession of Ammunition, and two counts of Failure to Register as a Sex Offender.
Fool Bull pled guilty to a violation of Sexual Abuse of a Minor on October 20, 1998, in U.S. District Court for the District of South Dakota. Between November 14, 2014, and December 9, 2014, and between January 31, 2015, and March 1, 2015, Fool Bul1, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under Federal Law, failed to properly register as a sex offender.
On November 14, 2014, Fool Bull was released from federal custody following incarceration for supervised release violations in an unrelated case. Fool Bull was directed to report to a halfway house in Sioux Falls immediately following his release. Fool Bull did not report to the halfway house, and he absconded from his federal supervision. Fool Bull was arrested on December 9, 2014. Fool Bull did not register as a sex offender with any jurisdiction, as required, between the date of his release from federal custody on November 14, 2014, and the date of his arrest on December 9, 2014.
On January 13, 2015, Fool Bull was released from federal custody following incarceration for supervised release violations in an unrelated case. Fool Bull was placed at the Glory House in Sioux Falls. On January 14, 2015, Fool Bull registered as a sex offender with the Sioux Falls Police Department. On January 31, 2015, Fool Bu1l absconded from the Glory House. Fool Bull was arrested on May 26, 2015. Fool Bull did not register as a sex offender with any jurisdiction, as required, between January 31, 2015, and the date of his arrest on May 26, 2015.
On the evening of February 27, 2015, Fool Bull drove to Sunrise Apartments in Mission, with James Iron Ring and a juvenile. Iron Ring and the juvenile remained in the vehicle while Fool Bull approached the apartment. Fool Bull stood outside of the apartment and discharged a firearm eight times into the apartment. Iron Ring then drove Fool Bull and the juvenile away from the apartments.
Five individuals were inside of the apartment at the time of the shooting. One of the bullets struck a victim in the arm. The bullet was slowed by traveling through the walls of the apartment and the bullet did not break the skin on the victim’s arm.
James Iron Ring has pled guilty to one count of Assault with a Dangerous Weapon and Aiding and Abetting. Iron Ring’s sentencing is currently scheduled for June 1, 2016.
This case was investigated by the U.S. Marshals Service and Rosebud Sioux Tribal Law Enforcement Services. Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.
Fool Bull was immediately turned over to the custody of the U.S. Marshals Service.
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Mission Man Charged with Conspiracy to Distribute Methamphetamine and Marijuana and Possession of FirearmRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, 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.
Norman Lee Ritter, age 48, was indicted on March 15, 2016. He appeared before U.S. Magistrate Mark A. Moreno on April 1, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is at least 5 years, up to 40 years, in custody and/or a $5,000,000 fine, at least 4 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between February 1, 2015, and March 15, 2016, Ritter knowingly and intentionally combined, conspired, confederated and agreed with other persons to knowingly and intentionally distribute and possess with intent to distribute methamphetamine and marijuana in South Dakota. The Indictment further alleges that on or about September 17, 2015, in Todd County, Ritter knowingly possessed a firearm and was prohibited from doing so because he had previously been convicted of a felony, was a fugitive from justice, and was a user of and addicted to a controlled substance.
The charges are merely an accusation and Ritter is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, and Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Ritter was remanded to the custody of the U.S. Marshals Service pending trial. Trial has been set for June 7, 2016.
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Letcher Father and Son Sentenced on Conspiracy and Tax CrimesRead the Press Release
United States Attorney Randolph J. Seiler announced that Theodore “Ted” J. Nelson, Jr., age 68, and his son, Steven A. Nelson, age 46, both of Letcher, South Dakota, were sentenced on April 4, 2016, for conspiracy to defraud the United States, failure to file income tax returns, and impeding the Internal Revenue Service.
U.S. District Judge Karen E. Schreier sentenced Theodore Nelson to seventy months in prison, and his son Steven Nelson to twelve months and one day in prison, and ordered to pay restitution jointly and severally in the amount of $1,842,102.14. In May 2015, they were found guilty of tax crimes as a result of a federal jury trial in Sioux Falls, South Dakota.
The Nelsons were indicted by a federal grand jury on July 9, 2013. Ted Nelson was charged with one count of conspiracy to defraud the United States, six counts of failure to file income tax returns, and one count of impeding the Internal Revenue Service. Steven Nelson was charged with one count of conspiracy to defraud the United States, seven counts of failure to file income tax returns, and one count of impeding the Internal Revenue Service.
The Nelsons inherited a family farm and business from Ted Nelson’s parents. They planted and sold grain, raised cattle, performed custom work for neighbors, ran hunting/lodging businesses, leased out their land, and sold some of the land.
The Internal Revenue Service placed a lien against Ted Nelson’s real estate in January 2004. After that time, the Nelsons created over 30 trusts, corporations, LLCs, and other entities, in an effort to hide their ownership of the farm and its income. Also in 2004, the Nelsons opened a series of bank accounts with themselves or another person as signors, using false tax identification numbers and Social Security numbers. Steve Nelson filed income tax returns through 1996 and Ted Nelson filed them through 1998, and then both stopped filing.
“The lesson learned from this case should be very clear,” said U.S. Attorney Seiler. “Regardless of how elaborate your strategy is, and no matter what you do for a living, if you intentionally dodge your responsibility to pay your fair share of taxes, federal prison will be a consequence of that decision.”
“As filing season comes to an end, the sentencings imposed on the Nelson’s should send a message to those taxpayers who are thinking about participating in fraudulent tax schemes," said Shea Jones, Special Agent in Charge of the St. Paul Field Office. "The sentencings of Theodore Nelson and Steven Nelson again emphasizes that the Internal Revenue Service and U.S. Attorney’s office will continue their aggressive pursuit of those who would attempt to defraud America's tax system."
This case was investigated by the Internal Revenue Service – Criminal Investigation. Assistant U.S. Attorneys John E. Haak and Ann M. Hoffman prosecuted the case.
Steven Nelson was ordered to self-surrender to the U.S. Marshals Service on April 18, 2016. Ted Nelson, who was remanded to the custody of the U.S. Marshals Service after trial, remains in custody.
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Eagle Butte Woman Sentenced for LarcenyRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, woman convicted of Larceny was sentenced on April 4, 2016, by U.S. District Judge Roberto A. Lange.
Melissa Wolf Black, age 34, was sentenced to 15 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Wolf Black was indicted by a federal grand jury on November 10, 2015. She pled guilty on January 7, 2016.
The conviction arose from a June 26, 2015, incident involving Wolf Black and the Lindskov Motors Dealership in Eagle Butte. After Wolf Black expressed an interest in purchasing a pickup truck, an employee of Lindskov Motors gave her a test ride around town. Wolf Black was not allowed to drive because she appeared intoxicated. Sometime thereafter, while Wolf Black and the employee were back at the dealership, Wolf Black took the keys to the truck without permission. While Wolf Black was driving the truck later that evening, Cheyenne River Sioux Tribal police officers stopped her for failure to stop at a red light. Wolf Black was intoxicated and told the officers she had purchased the vehicle earlier that day. The officers were unable to find the registration or proof of purchase in the truck.
Lindskov Motors confirmed that the vehicle, which was worth $37,000, had been taken without permission. Wolf Black admitted she had stolen the truck and had just been released from prison in May 2015 after serving time for stealing a different truck.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Wolf Black was immediately turned over to the custody of the U.S. Marshals Service.
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Wounded Knee Man Indicted on Sexual Abuse and Contact ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Wounded Knee, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse and Abusive Sexual Contact.
Kelly Tyrell Bell, a/k/a Kelly Thunder Horse, age 26, was indicted on March 22, 2016. Bell appeared before U.S. Magistrate Judge Daneta Wollmann on March 25, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is life in custody and/or a $250,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Bell engaging in a sexual act with an incapacitated person on January 22, 2016, at Kyle.
The charges are merely accusations and Bell is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Federal Bureau of Investigation. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Bell was released on bond pending trial. A trial date has been set for May 31, 2016.
Winner Man Sentenced for Aggravated IncestRead the Press Release
United States Attorney Randolph J. Seiler announced that a Winner, South Dakota, man convicted of Aggravated Incest was sentenced on March 28, 2016 by U.S. District Judge Roberto A. Lange.
Clinton Pierce, age 40, was sentenced to 54 months in custody, followed by 3 years of supervised release, a $5,000 fine, and a $100 special assessment to the Federal Crime Victims Fund.
Pierce was indicted for Aggravated Incest by a federal grand jury on July 14, 2015. He pled guilty on January 7, 2016.
Between September l, 2013, and June 23, 2015, Pierce and the victim were checking cattle together and driving around the family ranch in Todd County, South Dakota. While in the vehicle, Pierce sexually assaulted the victim, and the sexual touching happened for several minutes. The victim was under 18 years of age at the time.
This case was investigated by the Division of Criminal Investigation and Federal Bureau of Investigation. Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.
Pierce was immediately turned over to the custody of the U.S. Marshals Service.
Fort Thompson Man Charged with Aggravated Sexual Abuse and Abusive Sexual Contact of a ChildRead the Press Release
United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child and Abusive Sexual Contact of a Child by Force.
Caleb Lewis Thompson, age 31, was indicted on March 15, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 24, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is a mandatory minimum of 30 years in custody and/or a $750,000 fine, 5 years of supervised release, and $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between August 1, 2013, and May 31, 2015, Thompson knowingly engaged in, and attempted to engage in a sexual act with a minor female, as well as knowingly caused, and attempted to cause another minor female to engage in sexual contact.
The charges are merely accusations and Thompson 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 Meghan N. Dilges is prosecuting the case.
Thompson was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Butte Man Charged with Failure to Register as a Sex OffenderRead 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 Failure to Register as a Sex Offender.
Gaylen Paul Sampson, a/k/a Thurman Paul Sampson, age 41, was indicted on March 15, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 30, 2016, 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 April 14, 2013, and April 23, 2013, Sampson, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under Federal Law, failed to register and update his registration.
The charge is merely an accusation and Sampson 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.
Sampson was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Cherry Creek Man Charged with Sexual Abuse of a MinorRead the Press Release
United States Attorney Randolph J. Seiler announced that a Cherry Creek, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Minor.
Sylvan Larrabee, age 23, was indicted on March 15, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 30, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 30 years in custody and/or a $500,000 fine, up to life of supervised release, and $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between March 1, 2015, and May 29, 2015, Larrabee knowingly caused and attempted to cause a minor female to engage in sexual acts.
The charges are merely accusations and Larrabee is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe and the Federal Bureau of Investigation. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Larrabee was released on bond. A trial date has not been set.
Settlements Totaling $84,000 Reached with Five Individuals Who Committed FraudRead the Press Release
United States Attorney Randolph J. Seiler announced that five individuals previously convicted of Conspiracy to Commit Theft of Federal Funds, have entered into agreements to pay civil penalties pursuant to the False Claims Act (FCA), 31 U.S.C. §§ 3729-3733. Regardless of criminal penalties, the FCA imposes civil liability on persons who knowingly submit false claims to obtain federal funds. Pursuant to the FCA, persons who submit a false claim must pay to the United States a civil penalty of not less than $5,500, and not more than $11,000 for each false claim, plus three times the amount of damages which the government sustained.
From May through December 2009, Samone Milk, Heather Garcia, Joe Garcia, Wayne Cortier, and Robert Running Bear took federal funds belonging to the Oglala Sioux Tribe’s Low Income Home Energy Assistance Program (LIHEAP) to which they were not entitled. Using their positions as tribal employees, Milk and Heather Garcia drafted fake invoices for work purportedly completed by contractors then shared the funds with those contractors.
In 2014, restitution of $83,585 (joint and severally) was ordered to be paid to the tribe’s LIHEAP program (criminal case 13CR50130). The FCA civil settlements finalized in March 2016 call for payments over a period of years to the United States as follows:
Samone Milk, $30,000 (monthly payments for 29 years);
Heather Garcia, $20,000 (monthly payments for 18.2 years);
Joe Garcia, $20,000 (monthly payments for 18.2 years);
Wayne Cortier, $10,000 (monthly payments for 8.7 years);
Robert Running Bear, $4,000 (monthly payments for 3.5 years).
The United States Attorney’s Office places a high priority on criminal and civil enforcement in cases involving all types of fraud committed against federal programs, and works with various law enforcement agencies to identify and investigate these matters.
This investigation was conducted by the U.S. Department of Health and Human Services, Office of Investigations. Assistant U.S. Attorney Ann M. Hoffman prosecuted the criminal case. Assistant U.S. Attorney Cheryl Schrempp DuPris finalized the civil settlements.
Rapid City Man Pleads Not Guilty to Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Cody Reddy, age 22, was indicted on January 26, 2016. Reddy appeared before U.S. Magistrate Judge Daneta Wollmann on March 25, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Reddy failing to register and update his registration as a convicted sex offender between December 22, 2015, and January 26, 2016, at Rapid City.
The charge is merely an accusation and Reddy is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Reddy was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for May 31, 2016.
Rapid City Man Indicted on Multiple Fraud ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a former auditor and fraud investigator for the South Dakota Department of Revenue has been indicted by a federal grand jury for Conspiracy, Wire Fraud, Bank Fraud, Money Laundering, and Tampering.
Steven Arthur Knigge, 69, of Rapid City, was indicted on March 22, 2016, and appeared before U.S. Magistrate Judge Daneta Wollmann on March 25, 2016. He pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 30 years of imprisonment and/or a $500,000 fine, followed by 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment charges Knigge with receiving funds fraudulently stolen from the bank accounts of unsuspecting depositors in other States. Thereafter, Knigge transferred most, but not all, of the funds either to individuals in other States or out of the country. Following an interview of him conducted by Internal Revenue Service and Federal Bureau of Investigation Special Agents, Knigge, who had used his South Dakota Department of Revenue computer to conduct some of the transactions, deleted thousands of emails and has been, consequently, charged with tampering with evidence. With the assistance of the South Dakota Attorney General’s Office, the emails were recovered from Knigge’s State computer.
“This is a significant prosecution of a public servant committing fraud against innocent citizens, and also represents a serious breach of trust each South Dakota citizen places in its government employees,” said Seiler.
The charges are merely an accusation and Knigge is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Internal Revenue Service Criminal Investigation, and the Federal Bureau of Investigation. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
Knigge was released pending trial. A trial date has not been set.
Selby Man Sentenced to 40 Years for Producing Child Pornography and Distribution of Child PornographyRead the Press Release
United States Attorney Randolph J. Seiler and Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division announced that a Selby, Walworth County, South Dakota, man convicted of Sexual Exploitation of a Child and Distribution of Material Involving the Sexual Exploitation of Minors was sentenced on March 21, 2016, by U.S. District Court Judge Roberto A. Lange.
Christopher R. Jansen, age 36, was sentenced to 480 months in custody, a lifetime of supervised release, and a $200 special assessment to the Federal Crime Victims Fund. He must also register as a sex offender and have no contact with minors as well as his victims and their immediate family.
Jansen was indicted for Sexual Exploitation of a Child, Distribution of Material Involving the Sexual Exploitation of Minors, and Possession of Child Pornography by a federal grand jury on October 15, 2014. He pled guilty to the first two offenses on November 17, 2015.
Jansen was an attorney who has worked in Central South Dakota. He lived and worked in Walworth County, where he maintained a law firm in Mobridge and a residence in Selby. He was the Walworth County State’s Attorney from approximately 2009 to 2012. Jansen had a professional attorney-client relationship with a family from Central South Dakota, and the minor victims identified in the Superseding Indictment are members of that family. He represented the family on family law related matters. Jansen befriended the client’s family and developed a relationship with the minors. He visited their home, the family visited his home, and there were situations where Jansen was alone with or stayed overnight with the children.
Regarding the charge of Sexual Exploitation of a Child, Jansen engaged in repeat acts of sex with one of the children. He had sexual encounters with the child for approximately 2 years. He videotaped about 8 of these encounters, and maintained these videos on his media within his Selby home. He also produced 6 to 7 images of these encounters and maintained those images on his computer media at his home. He engaged in other sexual encounters with another minor in his client’s family, and he produced videos and images related to sexual acts and sexual contact with at least two of the minors.
Jansen refers to himself as a pedophile and indicated he has been dealing with his attraction to and acting out upon minors for a number of years. He knows his attraction to minors is illegal. He admits he loses control at times and that is when he molests minors and says he sometimes satisfies his desire for children by looking at child pornography.
Regarding the charge of Distribution of Material Involving the Sexual Exploitation of Minors, Jansen was a member of a website that is used to distribute child pornography. The website is an online bulletin board whose primary purpose is the advertisement and distribution of child pornography. The website requires its users to continually upload child pornography in order to gain and keep membership. Since at least December 2013, Jansen was a member of the website and has himself distributed materials containing child pornography, including both materials that involve the family, as well as other child pornography. On the website, Jansen indicated he was interested in boys in the age range of 5 to 12 years old. He used an image of his client’s child as his avatar picture on the website. Law enforcement officers observed images available on the website which establish that Jansen shared images of his client’s child, and the distribution of those materials affected interstate and foreign commerce and were distributed by the use of a computer. Jansen came to possess other images and videos of child pornography as he liked to view images and videos of prepubescent males. He last utilized this child pornography sharing website on approximately Sunday, July 27, 2014, before his arrest by state and federal law enforcement officers two days later on July 29, 2014.
Jansen was arrested on July 29, 2014, following searches of his home and law office. On September 25, 2015, Jansen was sentenced in Hughes County, South Dakota, to serve 50 years in prison for two separate convictions of first degree rape. His federal sentence on child pornography charges was ordered served concurrently to his state court rape charges.
The investigation was conducted by the Federal Bureau of Investigation, the South Dakota Division of Criminal Investigation, with assistance from the Walworth County Sheriff’s Office and the Mobridge Police Department. Supervisory Assistant U.S. Attorney Tim Maher of the District of South Dakota and Acting Assistant Deputy Chief Keith Becker of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) prosecuted the case. At the conclusion of his federal sentencing, Jansen was remanded to the custody of the U.S. Marshals Service for transfer back to state authorities to begin serving his state sentence.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Fort Thompson Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on March 21, 2016, by U.S. District Judge Roberto A. Lange.
Lorenzo Francis Obago, age 58, was sentenced to 24 months in custody, 5 years of supervised release, and $100 special assessment to the Federal Crime Victims Fund.
Obago was indicted for Failure to Register as a Sex Offender by a federal grand jury on October 14, 2015. He pled guilty on December 13, 2015.
On November 16, 1994, Obago was convicted and sentenced in Day County of Sexual Contact with a Child under 16. Between June 26, 2015, and October 14, 2015, Obago, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under Federal Law, failed to properly register as a sex offender in Buffalo County.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Meghan Dilges prosecuted the case.
Obago was immediately turned over to the custody of the U.S. Marshals Service.
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South Dakota Man Sentenced to 40 Years for Producing and Distributing Child PornographyRead the Press Release
A South Dakota man was sentenced today to 40 years in prison for producing and distributing child pornography, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Randolph J. Seiler of the District of South Dakota.
Christopher R. Jansen, 35, of Selby, South Dakota, pleaded guilty on Nov. 17, 2015, to one count of sexual exploitation of a child and one count of distribution of material involving the sexual exploitation of minors. U.S. District Judge Roberto A. Lange of the District of South Dakota sentenced Jansen today and also ordered him to serve a lifetime term of supervised release.
In connection with his plea, Jansen, who is a lawyer, admitted that he sexually abused multiple minors, who were children of one of his clients, over a period of approximately two years and produced videos and photos of the abuse. Jansen also admitted that he was a member of an Internet website dedicated to the advertisement and distribution of child sexual exploitation material, through which he and others posted messages containing images of the sexual exploitation of children, including one of Jansen’s victims.
Jansen was arrested on July 29, 2014, following searches of his home and law office. On Sept. 25, 2015, Jansen was sentenced in Hughes County, South Dakota, to serve 50 years in prison for two counts of first degree rape for related conduct.
The FBI and the South Dakota Division of Criminal Investigation investigated the case with assistance from the Walworth County Sheriff’s Office and the Mobridge Police Department. Acting Assistant Deputy Chief Keith Becker of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Supervisory Assistant U.S. Attorney Tim Maher of the District of South Dakota prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Mission Man Sentenced for Conspiracy to Distribute MethamphetamineRead 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 March 21, 2016, by United States District Court Judge Roberto A. Lange.
Stephen Paul Jordan, age 26, was sentenced to 60 months in custody, 4 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Jordan was initially indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on July 21, 2015. A superseding indictment was filed on October 20, 2015. Jordan pled guilty on January 6, 2016, to distributing 50 grams or more of methamphetamine.
During 2014 and 2015, Jordan was actively selling methamphetamine on the Rosebud Sioux Indian Reservation in South Dakota. Jordan had individuals selling methamphetamine for him and he sold methamphetamine for others. Jordan admitted he was present for and participated in the sale of at least 50 grams of methamphetamine. During a search warrant executed in April of 2015 at the home in which he was residing in Mission, South Dakota, officers found Jordan, another co-conspirator, several bags of methamphetamine, marihuana, over $1,600 in U.S. currency, scales, numerous items of drug paraphernalia and a .22 caliber rifle.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force and Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorneys Ted L. McBride and SaraBeth Donovan prosecuted the case.
Jordan was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
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Canistota Woman Convicted of Tax FraudRead the Press Release
Canistota Woman Convicted of Tax Fraud
United States Attorney Randolph J. Seiler announced that Veronica Fairchild, age 42, of Canistota, South Dakota, and Okoboji, Iowa, who was found guilty of four counts of tax fraud as a result of a federal jury trial in Sioux Falls, South Dakota, lost her appeal of the conviction. The Eighth Circuit Court of Appeals affirmed the conviction of the District Court.
Fairchild was sentenced to 33 months in custody and ordered to pay over $214,000 in restitution to the U.S. Department of Treasury, Internal Revenue Service, for unpaid taxes.
Fairchild was indicted by a federal grand jury on July 9, 2013. The investigation stemmed from Fairchild’s late filing of her 2005 through 2008 income tax returns in 2010. Bank records revealed she had failed to claim over $850,000 in income over the four-year period of time. Fairchild claimed the unreported income she received from performing private shows as an exotic dancer was a gift. A jury trial commenced on June 24, 2014, and completed on June 26, 2014, with the jury convicting Fairchild on all four counts of the indictment.
On appeal, Fairchild challenged the evidence supporting her conviction, the jury instructions regarding the source of income, and the length of her sentence. The Eighth Circuit Court of Appeals affirmed the conviction and held that the evidence was sufficient to support the jury’s finding that Fairchild knowingly and willfully underreported her income as an exotic dancer. The Court also held that the jury instructions were proper and that the length of her sentence was reasonable.
This case was investigated by the Internal Revenue Service Criminal Investigation Division. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
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Canistota Woman Convicted of Tax FraudRead the Press Release
United States Attorney Randolph J. Seiler announced that Veronica Fairchild, age 42, of Canistota, South Dakota, and Okoboji, Iowa, who was found guilty of four counts of tax fraud as a result of a federal jury trial in Sioux Falls, South Dakota, lost her appeal of the conviction. The Eighth Circuit Court of Appeals affirmed the conviction of the District Court.
Fairchild was sentenced to 33 months in custody and ordered to pay over $214,000 in restitution to the U.S. Department of Treasury, Internal Revenue Service, for unpaid taxes.
Fairchild was indicted by a federal grand jury on July 9, 2013. The investigation stemmed from Fairchild’s late filing of her 2005 through 2008 income tax returns in 2010. Bank records revealed she had failed to claim over $850,000 in income over the four-year period of time. Fairchild claimed the unreported income she received from performing private shows as an exotic dancer was a gift.
A jury trial commenced on June 24, 2014, and completed on June 26, 2014, with the jury convicting Fairchild on all four counts of the Indictment.
On appeal, Fairchild challenged the evidence supporting her conviction, the jury instructions regarding the source of income, and the length of her sentence. The Eighth Circuit Court of Appeals affirmed the conviction and held that the evidence was sufficient to support the jury’s finding that Fairchild knowingly and willfully underreported her income as an exotic dancer. The Court also held that the jury instructions were proper and that the length of her sentence was reasonable.
This case was investigated by the Internal Revenue Service Criminal Investigation Division. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Mission Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Assaulting, Resisting, Opposing, and Impeding a Federal Officer was sentenced on March 15, 2016, by U.S. District Judge Roberto A. Lange.
John DeNoyer, age 33, was sentenced to 15 months in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
DeNoyer was indicted for Assaulting, Resisting, Opposing, and Impeding a Federal Officer by a federal grand jury on July 14, 2015. He pled guilty on December 14, 2015.
On May 31, 2015, a Rosebud Sioux Tribe Law Enforcement Services Officer responded to a report that DeNoyer was drunk and causing a disturbance in the community of North Antelope on the Rosebud Indian Reservation. As the officer exited his vehicle and attempted to talk to DeNoyer, DeNoyer backed away and began to shake a canister of pepper spray. The officer directed DeNoyer to drop the can, but he refused. The officer retrieved his own pepper spray and sprayed DeNoyer, who then sprayed the officer with the can he was holding. DeNoyer was subsequently arrested.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorneys Tim M. Maher and Kirk W. Albertson prosecuted the case.
DeNoyer was immediately turned over to the custody of the U.S. Marshals Service.