WEEK OF JAN. 12, 2010
Attorney General Announces Significant Reforms to Improve Public Safety in Indian Country (AG)
On Jan. 11, 2010, Attorney General Eric Holder announced sweeping reforms intended to improve public safety on tribal land. The new directive is part of a larger Justice Department initiative to create better communication and coordination to fight crime and promote justice in Indian Country. The Attorney General directed all U.S. Attorneys’ Offices with districts containing Indian Country (44 out of 93) to: meet and consult with tribes in their district annually; develop an operational plan addressing public safety in Indian Country; work closely with law enforcement to pay particular attention to violence against women in Indian Country and make these crimes a priority; and to provide summaries of their operational plans to the Office of the Deputy Attorney General and make those summaries available to the tribes in their districts.
http://www.justice.gov/opa/pr/2010/January/10-ag-019.html
Individual Facing Charges for Alleged Aggravated Assaults on Tribal Land Has Initial Appearance Tuesday (U.S. Attorney for the District of Utah)
An initial appearance has been set for Jan. 12, 2010, for Keith Carlan Nez, age 20, charged with three counts of aggravated assault with a dangerous weapon while within Indian Country in a federal indictment returned in late December. The indictment charges Nez, an enrolled member of the Ute Indian Tribe, with using a knife to assault three individuals.
http://www.justice.gov/usao/ut/press/releases/Nez%20initial%20appearance.pdf
Pine Ridge Man Sentenced for Sexual Abuse of a Minor (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced that a Pine Ridge, S.D., man charged with sexual abuse of a minor was sentenced on Jan. 11, 2010, by Chief U.S. District Judge Karen E. Schreier. Fernando Fabian White Butterfly, age 37, was sentenced to 18 months in prison followed by five years supervised release. In September 2008, White Butterfly engaged in a sexual act with a girl under the age of 16. He pleaded guilty on Oct. 7, 2009.
http://www.justice.gov/usao/sd/Media.html
Pine Ridge Man Sentenced to 60 Months in Prison for Drug Conspiracy (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced that a man charged with conspiracy to distribute cocaine and marijuana was sentenced on Jan. 11, 2010, by Chief U.S. District Judge Karen E. Schreier. Robert Pond, age 25, of Pine Ridge, S.D., was sentenced to 60 months in prison, five years supervised release, a $500 fine and ordered to pay $100 to the Victim Assistance Fund.
http://www.justice.gov/usao/sd/Media.html
Man Sentenced 15 Months Imprisonment for Assault with a Dangerous Weapon (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced that a man charged with assault with a dangerous weapon was sentenced on Jan. 11, 2010, by Chief U.S. District Judge Karen E. Schreier. Manny Clifford, age 19, was sentenced to 15 months in prison, two years supervised release and ordered to pay $100 to the Victim Assistance Fund. Clifford was indicted for assault with a dangerous weapon by a federal grand jury on May 19, 2009. Clifford assaulted another person when he swung an aluminum bat at the victim, striking the victim in the left cheek area of his face.
http://www.justice.gov/usao/sd/Media.html
Sentencing Held for Pine Ridge Man for Drug Conspiracy (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced that a man charged with conspiracy to distribute cocaine was sentenced on Jan. 11, 2010, by Chief U.S. District Judge Karen E. Schreier. Ferris White Bull, age 32, of Pine Ridge, S.D., was sentenced to 46 month in prison, five years supervised release and ordered to pay $100 to the Victim Assistance Fund.
http://www.justice.gov/usao/sd/media–news/RC-01-11-10-Bull.html
Pine Ridge Man Pleads Guilty to Drug Conspiracy (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced that Leslie Oldson, Sr., age 48, of Pine Ridge, S.D., appeared before Chief U.S. District Judge Karen E. Schreier on Jan. 11, 2010, and pleaded guilty to conspiracy to distribute cocaine and conspiracy to distribute marijuana. The penalty upon conviction is a minimum of five years in prison up to a maximum of 40 years in prison, a $2,000,000 fine, or both. Oldson pleaded guilty to conspiring with others to distribute cocaine on the Pine Ridge Indian Reservation.
http://www.justice.gov/usao/sd/media–news/RC-01-11-10-Oldson.html
Former Attorney Pleads Guilty to Stealing Money From Seneca Nation of Indians (U.S. Attorney for the Western District of New York)
Timothy Toohey, age 62, of Lewiston, N.Y., pleaded guilty before U.S. District Judge Richard J. Arcara, to a two-count felony information charging him with stealing money from an Indian tribal organization and filing a false tax return, U.S. Attorney Kathleen M. Mehltretter of the Western District of New York announced on Jan. 10, 2010. The theft offense carries a maximum penalty of a term of five years in prison, a fine of $250,000, or both, while the tax offense carries a maximum penalty of a term of three years in prison, and a fine of $100,000, or both.
http://www.justice.gov/usao/nyw/press/press–releases/TooheyPress.pdf
Pine Ridge Man Indicted for Assault with a Dangerous Weapon and Serious Bodily Injury (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced that a man has been indicted by a federal grand jury for assault with a dangerous weapon and assault resulting in serious bodily injury. Hal Jason Fuller, age 53, of Pine Ridge, S.D., was indicted by a federal grand jury and appeared before U.S. Magistrate Judge Veronica L. Duffy on Jan. 8, 2010, and pleaded not guilty to the indictment. The maximum penalty upon conviction is 10 years in prison and a $250,000 fine.
http://www.justice.gov/usao/sd/media–news/RC-01-11-10-Fuller.html
Quinalt Tribal Member and Employee Pleads Guilty to Theft From the Tribe (U.S. Attorney for the Western District of Washington)
Aaron Todd Bryan, 36, of Taholah, Wash., on the Quinalt Indian Reservation, pleaded guilty on Jan. 8, 2010, in U.S. District Court in Tacoma to theft from a tribal organization receiving federal funds. Bryan was a tribal member and an employee of the Quinalt Tribe, working as a supervisor of the Employment and Training Program at the Taholah Temporary Assistance for Needy Families program. Bryan admitted today that he stole more than $5,000 in gift cards from the program while employed there.
http://www.justice.gov/usao/waw/press/2010/jan/bryan.html
Tulalip Tribal Member Sentenced for Theft for Raiding Customer’s “Points” Accounts (U.S. Attorney for the Western District of Washington)
Walter Anthony Moses, 28, an enrolled member of the Tulalip Tribe, was sentenced on Jan. 8, 2010, in U.S. District Court in Seattle to three months in prison and three years of supervised release including three months of home electronic monitoring for theft of funds from a gaming establishment on Indian Lands. Moses had been employed as a rewards club supervisor until he was fired on May 22, 2008, when the thefts were discovered.
http://www.justice.gov/usao/waw/press/2010/jan/moses.html
Former CFO of Alaska Native Corporation Sentenced for Mail Fraud as Part of Embezzlement Scheme (U.S. Attorney for the Western District of Washington)
Clyde Thomas Beard, 45, formerly of Anchorage, Alaska, was sentenced on Jan. 8, 2010, in U.S. District Court in Seattle to 21 months in prison, three years of supervised release and $188,000 in restitution for mail fraud. Beard, a certified public accountant licensed in Alaska, is the former chief financial officer of NANA Services, LLC, a subsidiary of NANA Development Corporation, an Alaskan Native corporation based in Anchorage.
http://www.justice.gov/usao/waw/press/2010/jan/beard.html
Brian James Day Rider Sentenced In U.S. District Court (U.S. Attorney for the District of Montana)
The U.S. Attorney’s Office for the District of Montana announced that during a federal court session in Great Falls, on Jan. 7, 2010, before U.S. District Judge Sam E. Haddon, Brian James Day Rider, a 20-year-old resident of Heart Butte, Mont., was sentenced to a term of 24 months in prison followed by three years of supervised release. Day Rider was sentenced in connection with his guilty plea to assault resulting in serious bodily injury.
http://www.justice.gov/usao/mt/pressreleases/last20.html
Robert Darryl War Club Sentenced In U.S. District Court (U.S. Attorney for the District of Montana)
The U.S. Attorney’s Office for the District of Montana announced that during a federal court session in Great Falls, on Jan. 7, 2010, before U.S. District Judge Sam E. Haddon, Robert Darryl War Club, a 49-year-old resident of Wolf Point, Mont., was sentenced to a term of life in prison and ordered to pay $5,466.84 in restitution. War Club was sentenced after having been found guilty during a four-day trial of first degree murder.
http://www.justice.gov/usao/mt/pressreleases/last20.html
Pine Ridge Man Pleads Not Guilty to Abusing a Minor (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced on Jan. 7, 2010, that a man has been indicted by a federal grand jury for sexual abuse of a minor. Alex Wilson, age 21, of Pine Ridge, S.D., was indicted by a federal grand jury on Aug. 25, 2009, and appeared before U.S. Magistrate Judge Veronica L. Duffy on Jan. 7, 2010, and pleaded not guilty to the indictment. The maximum penalty upon conviction is 15 years in prison and a $250,000 fine.
http://www.justice.gov/usao/sd/media–news/RC-01-11-10-Wilson.html
Omak Man Charged In Fatal Shooting (U.S. Attorney for the Eastern District of Washington)
On Jan. 7, 2010, James A. McDevitt, U.S. Attorney for the Eastern District of Washington, announced that a federal grand jury returned a two-count indictment against Rudy M. Garcia, age 20 of Omak, Wash. The indictment charges Rudy M. Garcia with premeditated murder in the first degree and use of a firearm during a crime of violence for the Nov. 5, 2009, shooting death of David McCraigie on the Colville Indian Reservation.
http://www.justice.gov/usao/wae/press–releases/2010/Docs/010710–Garcia–Indictment.pdf
St. Michael Man Sentenced for Assaulting a Federal Officer (U.S. Attorney for the District of North Dakota)
Acting U.S. Attorney Lynn Jordheim announced that on Jan. 7, 2010, Kenneth Lee Demarce, Sr., of St. Michael, N.D., was sentenced before U.S. District Court Chief Judge Ralph R. Erickson on a charge of assaulting a federal officer. Demarce, Sr., 43, pleaded guilty to the indictment on Oct. 27, 2009. Demarce, Sr. admitted that he kicked and spit in the face of Chief of Police Justin Wendland while being taken into custody on a tribal offense. The incident occurred in February 2009 on the Spirit Lake Indian Reservation.
http://www.justice.gov/usao/nd/pressreleases/2010/01-07-2010-Demarce%20Sr%20%20Sentenced.pdf
Woman Who Embezzled From Apache Tribal Vocational Rehabilitation Program to Serve 10 Months in Prison and Pay Almost $30,000 in Restitution (U.S. Attorney for the Western District of Oklahoma)
Sanford C. Coats, U.S. Attorney for the Western District of Oklahoma, announced on Jan. 6, 2010, that Althea M. Wauahdooah, 34, of Chickasha, Okla., was sentenced by U.S. District Judge Stephen P. Friot to serve 10 months in federal prison for embezzlement from the Apache Tribe’s Vocational Rehabilitation Program. As part of her plea, Wauahdooah admitted that she misused program funds for personal use.
http://www.justice.gov/usao/okw/
Mission man pled guilty to Assaulting, Resisting, or Impeding a Federal Officer (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced that William Paul Luxon, age 33, of Mission, S.D., appeared before U.S. Judge Roberto A. Lange on Jan. 6, 2010, and pleaded guilty to assaulting, resisting or impeding a federal officer. The maximum penalty upon conviction is eight years in custody, a $250,000 fine, or both; three years of supervised release; and a $100 special assessment.
http://www.justice.gov/usao/sd/media–news/Pierre-01-07-10-Luxon.html
Kyle Man Sentenced for Sexual Contact With Underage Girl (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced that a Kyle, S.D., man charged with abusive sexual contact was sentenced on Jan. 6, 2010, by U.S. District Judge Richard H. Battey. Samuel Patrick O’Rourke, age 27, was sentenced to 36 months in prison, five years supervised release and a $100 special assessment.
http://www.justice.gov/usao/sd/media–news/RC-01-07-10-ORourke.html
Lower Brule Man Pleads to Abusive Sexual Contact (U.S. Attorney for the District of South Dakota)
U.S. Attorney Brendan V. Johnson announced on Jan. 6, 2010, that Jeffrey Jandreau, age 31, of Lower Brule, S.D., appeared before U.S. District Judge Roberto A. Lange and pleaded guilty to abusive sexual contact. The maximum penalty upon conviction is three years in prison, a $250,000 fine, or both, a mandatory minimum of supervised release of not less than five years up to a maximum of life, and a special assessment of $100 to the Victim Assistance Fund.
http://www.justice.gov/usao/sd/media–news/Pierre-01-06-10-Jandreau.html
Second Cigarette Wholesaler Pleads Guilty for Trafficking in Untaxed Cigarettes (U.S. Attorney for the Western District of Washington)
Matthew M. Cunningham, a tobacco products distributor in New Mexico, pleaded guilty on Jan. 5, 2010, in U.S. District Court in Seattle to conspiracy to traffic in contraband cigarettes, and conspiracy to launder monetary instruments. Cunningham was indicted in September 2009, in connection with a scheme to sell contraband cigarettes to Blue Stilly Smoke Shop in Arlington, Wash..
http://www.justice.gov/usao/waw/press/2010/jan/cunningham.html