SIOUX FALLS, SD -
United States Attorney Ron Parsons announced charges in the following
cases, all separately noted below, that were brought pursuant to the U.S.
Attorney’s Office’s Guardians Project.
The Project is a federal law enforcement initiative to coordinate
efforts between participating agencies, to promote citizen disclosure of public
corruption, fraud, and embezzlement involving federal program funds, contracts,
and grants, and to hold accountable those who are responsible for adversely
affecting those living in South Dakota’s Indian country communities.
The Guardians Project is another step of federal law
enforcement’s on-going efforts to increase engagement, coordination, and
positive action on behalf of tribal communities. Led by the United States Attorney’s Office,
the participating federal agencies include: Federal Bureau of Investigation;
the Offices of Inspector General for the Departments of Interior, Health and
Human Services, Social Security Administration, Agriculture, Transportation,
Education, Justice, and Housing and Urban Development; Internal Revenue
Service, Criminal Investigation Division; U.S. Postal Inspector Service; U.S.
Postal Service, Office of Inspector General.
Five Central South Dakota Women Sentenced for Retaliating
Against Witness
Tally Colombe, age 44, Fort Thompson, South Dakota was
sentenced on December 19, 2018; Elnita Rank, age 82, Fort Thompson, South
Dakota; Kristal Hawk, age 58, Fort Thompson, South Dakota; Ronda Hawk, age 60,
Fort Thompson, South Dakota; and Tiffany Monteau, age 44, Chamberlain, South
Dakota, were sentenced on February 22, 2019, by U.S. District Judge Roberto A.
Lange. Colombe, Rank, Kristal, Ronda,
and Monteau were found guilty following a jury trial on November 2, 2018.
Colombe was sentenced to 4 months in federal prison to run
concurrent to her current federal sentence for wire fraud and federal program
fraud, followed by 3 years of supervised release, and a special assessment to
the Federal Crime Victim’s Fund in the amount of $100. Rank was sentenced to 12 months supervised
release, a $1,000 fine, and a special assessment to the Federal Crime Victim’s
Fund in the amount of $100. Kristal was
sentenced to 3 months home confinement, 12 months supervised release, and a
special assessment to the Federal Crime Victim’s Fund in the amount of $100. Ronda and Monteau were both sentenced to 12
months supervised release and a special assessment to the Federal Crime
Victim’s Fund in the amount of $100.
Between September 8, 2017, and September 12, 2017, Colombe,
Rank, Kristal, Ronda, and Monteau conspired to knowingly take harmful action
against a witness in an attempt to retaliate against her for providing truthful
information to law enforcement relating to the commission and possible
commission of a federal offense, namely program fraud and wire fraud. The retaliation included interfering with the
lawful employment and livelihood of the witness when Rank, Kristal, Ronda, and
Monteau forcibly removed the victim witness from her office and blocked her
from performing her contracted duties.
Idaho Man Charged with Wire Fraud and Conspiracy
Calvin Pelichet, age 47 of Boise, Idaho, appeared before a
magistrate judge in Idaho on May 15, 2019, and pled not guilty to an Indictment
that charged him with Conspiracy to Commit Wire Fraud and Wire Fraud.
According to documents filed with the Court, beginning at a
time unknown but no later than on or about December 2015, and continuing
through December 2016, in the District of South Dakota and elsewhere, All
Around Sports, LLC, with others known and unknown to the United States, did
conspire to commit the offense of wire fraud.
By and through company representatives, including Pelichet, Kristen
DeBoer, and the owner, Christopher Hoshaw, All Around Sports, LLC, willfully
and unlawfully devised and intended to devise a scheme and artifice to defraud
and to obtain money and property from others by means of false and fraudulent
pretenses, representations, and promises.
The object of the conspiracy was to enrich AAS’ owner, managers, and
employees by obtaining fraudulent funds.
On or about May 11, 2016, in the District of South Dakota and
elsewhere, Christopher A. Hoshaw and Kristen DeBoer devised and intended to
devise a scheme and artifice to defraud the Oglala Sioux Tribe, and to obtain
money and property by means of materially false and fraudulent pretenses,
representations, and promises.
Hoshaw was released on bond pending sentencing. His sentencing date is currently set for
August 12, 2019. In addition to the
guilty pleas of Hoshaw and All Around Sports, LLC, Kristin DeBoer pleaded
guilty for her role in the fraud scheme on July 30, 2018. DeBoer was released on bond pending
sentencing. Her sentencing date is
currently set for August 12, 2019.
Pelichet made his appearance in the District of South Dakota
at the federal courthouse in Sioux Falls on June 26, 2019. The charges are merely an accusation and the
defendant is presumed innocent until and unless proven guilty. Pelichet has been detained.
Two Former Crow Creek Tribal Court Clerks Charged with
Embezzlement
Kathleen Goodlow, age 68, and Christine Reed, age 41, were
indicted on May 8, 2019, for Embezzlement and Theft from an Indian Tribal
Organization.
The charges are merely accusations and the defendants are
presumed innocent until and unless proven guilty.
The Indictment alleges that from August 2017 through October
2018, Goodlow and Reed embezzled and converted to their own use more than
$1,000 of monies, funds, credits, goods, assets, and other property belonging
to the Crow Creek Tribal Court, an Indian Tribal Organization.
Goodlow recently signed a plea agreement and is expected to
change her plea to guilty in the near future.
Cheyenne River Sioux Tribal Employee Charged with Larceny
Doris White, age 70 of Eagle Butte, South Dakota, was
indicted for Larceny on May 8, 2019.
White made her appearance in federal court in Pierre, South Dakota, on
May 30, 2019, and she pleaded not guilty to the charge.
The Indictment alleges that between January 2005 and
November 2017, White unlawfully took and carried away, with the intent to steal
and purloin, the personal property of others, namely, money and funds belonging
to Individual #1 and Individual #2, both known by the Grand Jury and by Defendant,
of a value in excess of $1,000.
The charges are merely an accusation and the defendant is
presumed innocent until and unless proven guilty.
A trial is currently scheduled for July 30, 2019.
Former Secretary of Oglala Sioux Tribal Office Pleads Guilty
to Embezzlement
A former Secretary of the Oglala Sioux Tribe’s Credit and
Finance Office pleaded guilty to Embezzlement and Theft from an Indian Tribal
Organization. Helen Hernandez, age 41,
entered her guilty plea in federal court in Rapid City, South Dakota, on April
5, 2019.
According to court documents, from February 2014 through
June 2015, Hernandez embezzled and converted to her own use more than $1,000 of
monies, funds, credits, goods, assets, and other property belonging to the
Credit and Finances Office of the Oglala Sioux Tribe, an Indian Tribal
Organization. During the time of the
embezzlement, Hernandez was serving as the Secretary of that office.
Hernandez’s sentencing hearing is currently scheduled for
July 25, 2019.
Business Owner & Business Federally Indicted for
Embezzlement from Sisseton-Wahpeton Tribal Organizations
A business owner and his business have been indicted by a
federal grand jury for Embezzlement and Theft from an Indian Tribal
Organization. Dustin Martin Kirk, age 46
of Sisseton, South Dakota, was indicted on March 5, 2019, on two counts of
embezzlement and theft from an Indian Tribal Organization. Two counts in the indictment relate to his
dissolved business, Siouxland Lumber & Materials, LLC. Kirk and his business appeared before U.S.
Magistrate Judge William D. Gerdes on June 17, 2019, and pleaded not guilty to
the Indictment.
The Indictment alleges that between in or about August 2016
and December 2018, in the District of South Dakota, Dustin Martin Kirk and his
business embezzled, stole, and converted more than $1,000 of monies, funds,
credits, goods, assets, and other property belonging to Dakota Nation
Development Corporation and the Sisseton-Wahpeton Housing Authority, both of
which are entities of the Sisseton-Wahpeton Oyate Sioux Tribe and Indian Tribal
Organizations.
The charges are merely an accusation and the defendants are
presumed innocent until and unless proven guilty.
A trial is currently scheduled for September 24, 2019.
New Jersey Man Charged with Wire Fraud
Mark Johnson, age 58, of Egg Harbor Township, New Jersey,
was indicted for Wire Fraud on March 5, 2019.
Johnson made an appearance in federal court in New Jersey, on May 3,
2019. His initial appearance in federal
court in South Dakota has yet to be scheduled.
The Indictment alleges that between March 2014 and July
2014, Mark Johnson, d/b/a Atlantic Power & Equipment, LLC, devised a scheme
and artifice to defraud and obtain money from the Sisseton Wahpeton Oyate by
means of false and fraudulent pretenses, representations, and promises.
The charges are merely an accusation and the defendant is
presumed innocent until and unless proven guilty.
Business Owner Indicted for Wire Fraud and Theft of
Government Property
Robert Bland, age 51, of Rapid City, South Dakota, was
indicted on May 21, 2019, for eighteen counts of wire fraud and one count of
theft of government property. Bland,
the owner of Motive Magic Mobile Windshield Repair, appeared before U.S.
Magistrate Judge Daneta Wollmann on June 6, 2019, and pleaded not guilty to the
charges. The Indictment alleges that
between March 2011 and April 2018 Bland fraudulently billed for windshield rock
chip repairs that were never done on General Services Administration vehicles.
The charges are merely an accusation and the defendant is
presumed innocent until and unless proven guilty. A trial is currently scheduled for August 13,
2019.
Assistant U.S. Attorneys Jeremy R. Jehangiri, Ann M.
Hoffman, Benjamin Patterson, and Michael J. Elmore prosecuted the cases listed
above.
For additional information about The Guardians Project,
please contact the United States Attorney’s Office at (605) 330-4400. To report a suspected crime, please contact
law enforcement at the federal agency’s locally listed telephone number.
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