United States of America v. Kevin Michael Trio

Aberdeen, South Dakota bribery charge criminal defense lawyer represented Defendant, Kevin Michael Trio, age 58, of Maple Plain, Minnesota, was charged with Making a Materially False Statement to two federal agents with the Department of Justice.



In a separate hearing, another former owner made his appearance in federal court for his role in the same bribery scheme. Michael Nathan Cebulla, age 44, of Buffalo, Minnesota, made his initial appearance on charges of Conspiracy to Commit Bribery Concerning Programs Receiving Federal Funds and of Making a Materially False Statement. He made his appearance on May 20, 2021, before U.S. Magistrate Judge Mark A. Moreno and entered a plea of not guilty. The charges are merely accusations, and Cebulla is presumed innocent until and unless proven guilty. He was released pending trial.



Each offense carries the following maximum penalties: five years of imprisonment; a $250,000 fine; or both fine and imprisonment; 3 years of supervised release following release from custody; $100 special assessment; restitution.



According to court documents, the Dakota Nations Development Corporation ("DNDC”) was an agency of the Sisseton-Wahpeton Oyate Sioux Tribe, a tribal government that received federal assistance in excess of $10,000 during the one-year period between October 1, 2017, and September 30, 2018. At that time, Daniel Thomas White served as the Director of the DNDC. White's duties included, among other things, overseeing housing and construction projects of the DNDC.



DNDC established an entity called the SWO Elderly Village Limited Partnership. The purpose of the entity was to obtain tax credit financing to build an elderly village complex on tribal land. On April 22, 2016, SWO's tribal council passed a resolution authorizing DNDC to pursue low-income housing tax credits for the elderly village complex. The tribe also committed nearly $3,000,000 to the project.



Cebulla, Trio, and John German formed a business on December 15, 2016, called Tatanka Contracting. On October 27, 2017, DNDC contracted with Tatanka Contracting to do the earthwork associated with the elderly village project. The contract was for a guaranteed price of $1,070,740, although a change order increased the total of the contract to $1,129,679.



To secure the dirt work contract, German bribed White and White accepted the bribe. Specifically, in November 2017, German corruptly gave, offered, and agreed to give money to Daniel Thomas White, intending to influence and reward White, who was an agent of the DNDC, in connection with a transaction and series of transactions of the DNDC involving $5,000 or more.



White and German pleaded guilty to their roles in the bribery scheme last year. White will be sentenced by Judge Kornmann on September 27, 2021, and German was sentenced in October 2020 to 84 months in federal custody.



The investigation is being conducted by the U.S. Attorney's Office and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.



18 U.S.C. § 1001; MAKING A MATERIALLY FALSE STATEMENT: "(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—



(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;



(2) makes any materially false, fictitious, or fraudulent statement or representation; or



(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;



shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.



(b) Subsection (a) does not apply to a party to a judicial proceeding, or that party's counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding.



(c) With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to—



(1) administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or



(2) any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate."

(1)and (2)

18 U.S.C. § 4; MISPRISION OF A FELON: "Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both."

(3)

05/11/2021 26 Minute Entry for proceedings held before U.S. District Judge Charles B. Kornmann: Change of Plea Hearing as to Kevin Michael Trio held on 5/11/2021. Plea Entered: Guilty Counts: 1. (Court Reporter: Connie Heckenlaible) (KMH) (Entered: 05/11/2021)

05/11/2021 27 ORDER SETTING SENTENCING DATE as to Kevin Michael Trio. Draft PSR due by 6/25/2021. Final PSR due by 7/23/2021. Sentencing set for 8/2/2021 at 1:00 PM in Aberdeen Courtroom 1 - Room 403* before U.S. District Judge Charles B. Kornmann. Signed by U.S. District Judge Charles B. Kornmann on May 11, 2021. (DLC) (Entered: 05/11/2021)

05/11/2021 28 ORDER CONTINUING TRIAL (COUNT 2 AND 3 OF THE INDICTMENT) as to Kevin Michael Trio Jury Trial (Count 2 and 3 of the Indictment) set for 8/3/2021 at 1:00 PM in Aberdeen Courtroom 1 - Room 403* before U.S. District Judge Charles B. Kornmann. Signed by U.S. District Judge Charles B. Kornmann on May 11, 2021. (DLC) (Entered: 05/11/2021)