United States Attorney Brendan V. Johnson announced that Joshua James Martin, age 27, of Bismarck, North Dakota, appeared before U.S. District Judge Charles B. Kornmann on September 9, 2013, and pled guilty to an Amended Superseding Information that charged him with False Statement.
The maximum penalty upon conviction is 5 years of imprisonment and/or $250,000 fine, up to 3 years of supervised release, an additional 2 years of supervised release upon revocation, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge stems from an incident wherein Martin, on December 24, 2011, traveled to McLaughlin, South Dakota, to visit his family over the Christmas holiday. Martin spent the majority of the evening socializing with some of his cousins at his aunt’s house. At some point in the evening, Martin and a female person at the gathering engaged in a sexual encounter. Martin went back to Bismarck shortly after the encounter and went to the hospital and reported he had been raped, when he knew it was not true.
Because the encounter happened on the Standing Rock Reservation, a Federal Bureau of Investigation agent was sent to interview Martin. He initially persisted in his claim of rape knowing it was not true, and an investigation was opened by South Dakota authorities. The false statements made by Martin had a material effect on the investigation conducted by the Federal Bureau of Investigation in the District of South Dakota.
The investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Martin was released on bond pending sentencing, which has been set for December 2, 2013.