| July 2011 Convictions |
- On July 11, 2011 David Scott, d/b/a All About Time, Sturgis pleaded guilty to one Misdemeanor count of failure to file contractors’ excise tax and was sentenced to 30 days in the County Jail which was suspended on the following terms and conditions: That Mr. Scott pay all Court costs and fines and obey all laws for 360 days.
- Darrell Barry, d/b/a Darrell’s Plumbing & Heating, Sturgis pleaded guilty to one Misdemeanor count of failure to pay contractors’ excise tax returns on July 26, 2011. Mr. Barry was sentenced to 30 days in jail which was suspended under the following terms and conditions: Pay all fines and court costs, obey all laws for 360 days, stay current and pay restitution in the amount of $1,438.31 to the South Dakota Department of Revenue.
- On July 22, 2011 Euel Leonard, d/b/a T-IV Construction, Rapid City admitted he was guilty of breaking the terms and conditions of his Probation and was sentenced to one year in the Pennington County Jail which was suspended and he was placed supervised probation for two years under the following terms and conditions: Immediately become current, remain current for two years in his filing and paying of his contractors excise tax returns. Mr. Leonard is also to remain in compliance with all South Dakota tax laws and obey all laws, remain on his good behavior, pay Prosecution costs in the amount of $500, all court costs and reimburse the County for Court Appointed Attorney fees.
- On May 9, Brian M Dubblede, d/b/a Brian M Dubblede, plead guilty to three misdemeanors for failure to pay sales tax. Mr. Dubblede was given a fine of $200.00 and court costs of $84.00 to be paid by July 14, 2011. Also he had 30 days in jail suspended on conditions of obeying all laws and pay fines/costs and one year of probation.
- On July 1, 2011 Brian Nelson, d/b/a Alpine Builders, Harrisburg was found guilty on a Class One Misdemeanor for failure to pay sales tax in Lincoln County. Mr. Nelson was ordered to pay court costs of $84.00, pay total restitution to the Department of Revenue in the amount of $1022.12 and $480 appointed Attorney fees by September 1, 2011.
- On March 16, 2011, Kevin Wipf, Lennox, pled guilty to one Felony count of failure to pay Contractors Excise tax. Mr. Wipf was given a Judgment of Conviction, sentenced to the South Dakota State Penitentiary, in Sioux Falls, SD for a term of eighteen months. It was further ordered eighteen months of said sentence was suspended upon the following conditions. Defendant shall serve five days in the Turner County Jail; Defendant shall not be entitled to work release; Defendant shall pay court costs and fines; The court will retain jurisdiction over this matter for the term of two years, during which time the Defendant shall abide by all federal, state and local laws; Defendant shall be under the supervision of the Court Services Officer during the period the court retains jurisdiction; Defendant shall abide by the rules of Pardons and Paroles; Defendant shall pay his excise tax debt in the amount of $6,650.00 pursuant to a plan established by Court Services; Defendant shall pay attorney’s fees; Defendant shall submit to warrantless searches of his person, residence and property; Defendant shall submit to testing of blood, breath or urine upon request of supervising authority; Defendant shall promptly enroll in and successfully complete any evaluation, counseling, treatment or aftercare directed by CSO; Defendant shall not participate in games of chance or enter establishments where gaming is present; Defendant shall use his best efforts to obtain and maintain gainful employment.
- Jerome Taylor, d/b/a TNT Service, Sioux Falls pled guilty to one count of failure to pay sales tax on May 17, 2011. Mr. Taylor was given a Judgment of Conviction, five years of probation and ordered to serve 30 days in the Minnehaha County jail with 30 days suspended based on the following conditions: no like offenses, obey all laws, pay all fines and court costs.
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| June 2011 Convictions |
- On May 9, 2011, Stuart C. McQuarie d/b/a McQuarie Construction, Hoven, South Dakota, was found guilty of one count of failure to file a contractors' excise tax return within 60 days of the due date. Mr. McQuarie was sentenced to 45 days in jail with the jail time suspended on the condition that he pay a fine in the amount of $200.00 and court costs in the amount of $84.00. He was also placed on unsupervised probation with no like violations of the law for a period of 24 months. (Judgment of Conviction was not received until June.)
- On April 28, 2011, Katherine Morse, d/b/a Accents 3101, Sioux Falls, SD pled guilty to one count of failure to pay sales tax. Ms Morse was given a Judgment of Conviction, two years’ probation and ordered to serve 60 days in the Minnehaha County jail with 60 days suspended based on the following conditions: no like offenses, obey all laws, pay all fines and court costs.
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On May 23, 2011, Anthony M Melendez, d/b/a TNT’s Family Restaurant, Frederick, SD pled guilty to one count of failure to pay sales tax. Mr. Melendez was given a Judgment of Conviction, one year probation and ordered to serve 60 days in the Kingsbury County jail with 60 days suspended based on the following conditions: no like offenses, obey all laws, pay all fines and court costs.
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On May 2, 2011, Special Assistant Attorney General Donald Srstka, dismissed the indictment against the defendant, Reid Gerdes, Sioux Falls responsible corporate officer of Reid Gerdes Construction Co.
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Mitchell Paris of Paris Construction Management, LLC, Monroe, Michigan did not attend his Hearing on June 9, 2011. Judge Macy issued an arrest warrant with bond in the amount of $50,000 cash or surety bond.
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Brent Pushing, d/b/a Dakota Gold pleaded guilty to one count of failure to pay sales tax June 20, 2011 and was sentenced to one year in the Pennington County Jail which was suspended. Mr. Pushing was placed on unsupervised probation under the following conditions: He is to become current on his filing and paying of South Dakota Sales Tax, remain current in his filing and paying of sales tax, required to obey all laws, remain on his good behavior, pay $500 to the Office of Attorney General on or before August 1, 2011 and pay court costs.
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| May 2011 Convictions |
- On May 13, 2011 Timothy Hughes, d/b/a Hughes Construction, Box Elder, SD pleaded guilty to two misdemeanors counts of failure to file contractors’ excise tax and was sentenced to one year in the Pennington County Jail for each count. That sentence was suspended and Mr. Hughes was placed on supervised probation for a period of two years under the following terms and conditions: He shall pay all contractors' excise tax, penalty and interest owed the Department of Revenue prior to being released from supervised probation. He is required to pay a minimum of $250 per month beginning June 1, 2011. He is also being required to pay $500 to the Office of Attorney General by the end of his probationary period. He will pay court costs and attorney fees by December 31, 2011. He is not to do any work that would require a contractors’ excise tax license until such a time he is properly licensed with South Dakota Department of Revenue. Should he meet the requirements to become properly licensed, he will file and pay on time during the entire period of probation. He will remain on his good behavior and obey all laws.
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| April 2011 Convictions |
- On April 19, 2011, Butch Rolf, Gregory, South Dakota, was found guilty of one felony count of failure to file two or more contractors' excise tax returns within 60 days of the due date in a 12 month period. Mr. Rolf was sentenced to serve 18 months in the State Penitentiary with the 18 months prison time suspended provided the defendant meet the following conditions:
1) adheres to all the standard rules and conditions of probation for a period of 5 years
2) pays court costs in the amount of $104.00
3) repays Gregory County for the court appointed attorney fees
4) can not use any alcoholic beverage, controlled substance, or marijuana
5) submits to a portable breath test or urine analysis at the request of law enforcement or Court Services and that he pay for any testing costs himself
6) consent to a warrant less search of his person, home or vehicle for alcohol, marijuana and controlled substance
7) submits to Photo Identification by Court Services
8) submits to DNA testing by Court Services
9) not enter any bars
10) attend and successfully complete counseling as directed by Court Services
11) attend and successfully complete one class offered by the Department of Revenue concerning excise tax license
12) timely file all required State tax returns and provide proof thereof to Court Services
13) not take part in any gambling or games of chance
14) provide court services access to his financial information, and
15) not incur any new debt without Court Services knowledge
- Casey John Davison, Lemmon pleaded guilty to violating the terms of his probation April 5, 2011 and was sentenced to 30 days in jail of which 15 days were suspended in the event he get current by the time of sentencing, April 19, 2011. Mr. Davison had the completed returns when he came in for sentencing; therefore the other 15 days jail was suspended. At this time the Department of Revenue has not received his returns and notification has been sent to the Perkins County States Attorney, Shane Penfield stating that Mr. Davison has not met the conditions of his sentence.
- On March 4, 2011, Michael Ray Andreson, Sioux Falls pled guilty to one count of failure to pay sales tax. Mr. Andreson was given a Judgment of Conviction, one year probation and ordered to serve 60 days in the Minnehaha County jail with 60 days suspended based on the following conditions: no like offenses, obey all laws, pay all fines and court costs.
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| March 2011 Convictions |
- Casey John Davison, Lemmon did not appear for his Initial Appearance in March for the Revocation of Probation Hearing and a new date has now been set for April, 5, 2011.
- Euel Leonard, d/b/a T-IV Construction, Rapid City had his Initial Appearance on March 30, 2010 for Revocation of Probation. It was continued to a later date yet to be scheduled.
- On March 15, 2011 Senior Agent Karen Bjordal was subpoenaed and testified in a civil case in Minnehaha County regarding the Department’s criminal case of Tingle Development and Consulting Inc. Plaintiff and company President, David Tingle was suing ex corporate officer Lisa Mesner for taxes paid to the Department.
- Craig Lavin d/b/a Percizion Builders, LLC, Lead did not show for his Status Hearing on March 17, 2011 and an arrest warrant was issued with a $2,000 cash or surety bond requirement.
- On March 2, 2011, Terri Gunderson as responsible corporate officer of White Tiger Financial Service Inc, Platte, South Dakota, was brought back into court for violation of her probation. Ms Gunderson was ordered to serve two days in jail, one on April 15, 2011, the other on April 22, 2011. She will not be allowed work release during these 24 hour stays in jail and is required to remain current on sales tax filings in the future.
- On March 8, 2011, Darcy A. Rolf, Gregory, South Dakota, was found guilty of one count of failure to file a contractors' excise tax return within 60 days of the due date. Mr. Rolf was sentenced to 30 days in jail with the jail time suspended on the condition that he pay fine, costs, restitution of $50 monthly, obey all federal, state, and municipal ordinances, and file returns in a timely manner for a period of one year.
- On March 8, 2011, Robert Smutny, Gregory, South Dakota, was found guilty of one count of failure to file a contractors' excise tax return within 60 days of the due date. Mr. Smutny was sentenced to 30 days in jail and to pay a fine of $350.00, liquidated costs of $40.00, surcharge of $41.50, and victims comp of $2.50. The jail time is suspended on the condition that he pay fine, costs, restitution of $100 monthly, obey all federal, state, and municipal ordinances, and file returns in a timely manner for a period of one year.
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| February 2011 Convictions |
- John Verry, d/b/a Dakota West Auctions, Belle Fourche pleaded guilty to one felony count of failure to file sales tax returns on January 6, 2011 and was sentenced February 10, 2011. Mr. Verry received a suspended imposition of sentence and it was ordered that
the defendant be placed on Supervised Probation for one year upon the following terms and conditions:
He is ordered to spend two days in the Butte Co jail within 30 days of this order. He shall pay a fine in the amount of $250, court costs in the amount of $104 and violate no laws while on Probation. He is also required to remain current in his filing and paying
of sales tax and shall attend and successfully complete Consumer Credit Counseling Classes.
- Mitch Paris, d/b/a Paris Construction, Fairfield, Ohio had his original sentence Vacated by Judge Macy on February 10, 2011 and was immediately re-sentenced to the same terms he had been sentenced to before except he was placed on Unsupervised Probation so he would be able to leave the country to work on a project in Nigeria. A review Hearing is set for June 9, 2011.
- Casey John Davison, Lemmon had a Petition to Revoke Probation filed in Perkins County on February 4, 2011 for failure to file contractors’ excise tax returns when due and an Initial Appearance was set for March 8, 2011 in Perkins County.
On December 6, 2010, JEFF MURPHY, pled guilty to one count of failure to pay sales tax, he was given a Judgment of Conviction, two years probation and ordered to serve 60 days in the Minnehaha County jail with 60 days suspended based on the following conditions: no like offenses, obey all laws, pay all fines and court costs.
- On December 15, 2010, Steven G. Kiehholz, Sioux Falls, SD pled guilty to count four of the indictment, Engaging in Business as a Retailer Under SDCL 10-45 After Revocation of Sales Tax License, one count a Class 6 Felony, he was given an Order Suspending Imposition of Sentence, three years probation, on the condition that he does not commit any Class 1 misdemeanor or felony crime in that three year period, which commences on the date of the execution of this order, pay all fines and court costs.
- On December 20, 2010, Brad Busch pled guilty to one count of failure to pay contactors’ excise tax. Mr. Busch was given a Judgment of Conviction, three years probation and ordered to serve 90 days in the Minnehaha County jail with 90 days suspended based on the following conditions: no like offenses, no tax or revenue offenses, pay all fines and court costs.
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| January 2011 Convictions |
- John Verry, d/b/a Dakota West Auctions, Belle Fourche pleaded guilty on January 6, 2011 to a Felony for failure to file 2 or more returns in a 12 month period. Mr. Verry’s sentencing date is set for February 10, 2011 in Butte County.
- Sarina Jensen, d/b/a Black Hills Equestrian, Spearfish pleaded guilty January 20, 2011 to a misdemeanor charge of failing to file a sales tax return. Ms Jensen was sentenced to 30 days in jail which was suspended in the event she get current immediately, violate no laws for a period of 360 days, pay all fines ($376.38) and court costs ($123.62) and remain current for the period of probation.
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On December 8, 2010, Heidi Reinholz Konop, Tea SD, pled guilty to one count of failure to pay sales tax Ms Reinholz Konop was given a Judgment of Conviction, two years probation and ordered to serve 10 days in the Lincoln County jail with 10 days suspended based on the following conditions: no like offenses, pay all fines and court costs.
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Darrell W Hohn, d/b/a Darrell Hohn Contracting, Ethan SD was found guilty on a Class One Misdemeanor for failure to pay sales tax on January 13, 2011. Mr. Hohn was ordered to pay a fine of $250.00, court costs of $84.00 and sentenced to 30 days in the Davison County jail with 30 days suspended based upon the conditions; he repay court appointed fees January 24, 2011, pay total restitution to the Department of Revenue in the amount of $20,404.51 by January 27, 2011.
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Jay Pettersen, d/b/a Pettersen Construction, Vermillion SD was found guilty on a Class One Misdemeanor for failure to pay sales tax on January 18, 2011. Mr. Pettersen was ordered to pay a fine of $300.00, court costs of $84.00 and sentenced to 30 days in the Clay County jail with 30 days suspended based upon the conditions that he repay court appointed fees within 120 days and have no similar offenses for the next 360 days.
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| December 2010 Convictions |
- Barbara A Brown, d/b/a The Fire Pit, was found guilty on a Class One Misdemeanor for failure to pay sales tax on December 6, 2010. Ms Brown was fined $263.00 and sentenced to 5 days in the Minnehaha County jail with 364 days suspended based upon the conditions that she has no like offenses and pays all court costs by November 1, 2011.
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| November 2010 Convictions |
- On October 28, 2010 David Allen, d/b/a LN Construction, Aberdeen pleaded guilty to one felony count of failure to pay contractor's excise tax two or more times. The court suspended imposition of sentence and Mr. Allen was sentenced to 45 days in the Brown County Jail and placed on supervised probation for five (5) years. He was also ordered to pay restitution to the South Dakota Department of Revenue & Regulation in the amount of $10,745.80, not have any like violations for five (5) years, obey all state, federal & municipal laws while on probation and he is to provide a DNA sample. Mr. Allen is to turn himself into jail by November 28, 2010 at 7:00PM.
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| October 2010 Convictions |
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Anthony Troendle, d/b/a Tony's Tree Service, Sturgis pleaded guilty to one misdemeanor count of failure to file sales tax on September 8, 2010 and was sentenced to 90 days in the Meade County jail which was suspended under the following conditions:
Obey all the Federal, Tribal, State laws and local ordinances, pay a fine in the amount of $666.00, pay court costs in the amount of $84.00 and remain current in his filing and paying of sales tax.
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On October 14, 2010 Salvador Martinez, d/b/a King's Drywall and Stucco, Belle Fourche pleaded guilty to one Felony count of failure to file contractors excise tax . The Court exercised its judicial clemency and with the consent of Mr. Martinez suspends imposition of sentence and is ordered that he will be placed on supervised probation for a period of one year on the following terms and conditions: Pay court costs in the amount of $104, pay court appointed attorney fees in the amount of $740, sign a waiver of extradition effective during the term of probation, provide a mandatory DNA sample & violate no laws. It is further ordered that he will remain current on any and all tax liabilities that become due and payable. Mr. Martinez also shall obtain credit counseling or an accountant’s assistance and he received credit for one day jail time previously served.
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Euel Leonard, d/b/a T-IV Construction, Rapid City pleaded guilty to one misdemeanor count of failure to pay contractors excise tax on October 6, 2010 and was sentenced to one year on the Pennington County Jail which was suspended and he was placed on
unsupervised probation under the following conditions. Mr. Leonard shall become current in his filing and paying of contractors excise tax by January 10, 2011 and for a period of one year, to remain current in his filing and paying of his contractors excise tax license. Mr. Leonard is also required to remain in full compliance with all tax laws in the state of South Dakota, obey all laws and remain on his good behavior and pay $500 to the office of Attorney General by January 10, 2010 and pay court costs in the amount of $63.
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On September 28, 2010, Patrick Grassel d/b/a Grassel Plumbing & Heating, Howard, SD pled guilty to one count of failure to pay contractors’ excise tax. Mr. Grassel was given a Judgment of Conviction, five years probation and ordered to serve 90 days in the county jail concurrently with 90 days suspended based on the following conditions: pay restitution to the SD Department of Revenue in the amount of $23,180.00, no like offenses, pay all fines and court costs.
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Russell Nurnberg, responsible corporate officer of Automation Technologies, Inc, Watertown, pled guilty on October 12, 2010 to two counts of failure to pay sales tax. Mr. Nurnberg was given a Judgment of Conviction, two years probation and ordered to serve 365 days in the Codington County Jail with 365 days suspended based on the following conditions: pay restitution to the SD Department of Revenue in the amount of $400 month with all paid within two years, no like offenses, pay all fines and court costs.
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On October 15, 2010, Kris Gagnon, responsible corporate officer of OTR Tire Inc, Sioux Falls pled guilty to one count of failure to pay sales tax. Mr. Gagnon was given a Judgment of Conviction, two years probation and ordered to serve 60 days in the Minnehaha jail with 60 days suspended based on the following conditions: no like offenses, pay all fines and court costs.
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On October 15, 2010 the charges filed against Roberta Gagnon for OTR Tire Inc, Sioux Falls were dismissed.
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On October 15, 2010, the charges filed against Kris Gagnon and Roberta Gagnon for South Side Performance, Sioux Falls were dismissed.
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Darci Rothschadl, d/b/a The Creamery Bar & Grill, Viborg, SD pled guilty on October 18, 2010 to one count of failure to file sales tax. Ms Rothschadl was given a Judgment of Conviction, one year probation and ordered to serve 60 days in the Turner County jail with 60 days suspended based on the following conditions: pay restitution to the SD Department of Revenue in the amount of $929.81, no like offenses, pay all fines and court costs.
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| September 2010 Convictions |
- Rod & Tina Grable, Taco Johns, Custer had a Review Hearing for their restitution on September 21, 2010. They have been put on Administrative Probation with another Review Hearing set for December 7, 2010
- On August 27, 2010, Glenn Scott Nisich, responsible corporate officer, Greats Inc, Sioux Falls, SD, pled guilty to one count of failure to pay sales tax. Mr. Nisich was given a Judgment of Conviction, two years probation and ordered to serve 180 days in the Minnehaha County concurrently with 180 days suspended based on the following conditions: No like offenses, pay all fines and court costs.
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| August 2010 Convictions |
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On August 19, 2009, Gene Branson, responsible corporate officer, Better Built Const/Concrete Work Inc, Sioux Falls, SD pled guilty to one felony count of failure to pay contractors excise tax two or more times in a twelve month period. The defendant was sentenced to the South Dakota State Penitentiary for a period of two years. It was ordered that an execution of sentence be suspended based on the following, supervised probation for three years, no like offenses, and the defendant shall pay restitution in the amount of $8,435.00 to the South Dakota Department of Revenue & Regulation.
- David E Wrich, d/b/a Wrich Construction, Harrisburg, SD pled guilty to one count of failure to file contractors excise tax on August 17, 2010. Mr. Wrich was given a Judgment of Conviction, one year probation and ordered to serve 360 days in the Lincoln County Jail concurrently with 360 days suspended based on the following conditions: No like offenses, pay all fines and court costs.
- On August 12, 2010, Kent Vucurevish as responsible member of Fast Cash Machines LLC, Sioux Falls, SD, pled guilty to one count of failure to file sales tax return. Mr. Vucurevish was given a Judgment of Conviction, two years probation and ordered to serve 90 days in the Minnehaha County concurrently with 90 days suspended based on the following conditions: No like offenses, pay all fines and court costs.
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