United States Attorney Brendan V. Johnson announced that three men from Clark have been indicted by a federal grand jury for falsely conspiring with others to obtain grazing privileges from the Cheyenne River Sioux Tribe to pasture non-Indian owned cattle on tribal land, by falsely claiming ownership of cattle and livestock as Cheyenne River Sioux tribal members.

Allen Dunlavy, age 47; Donald Dunlavy, age 69; and Daniel T. Weber, age 58, were indicted by a federal grand jury on November 9, 2010, for Conspiracy to Commit Wire Fraud and Wire Fraud. They appeared before United States Magistrate Judge Mark A. Moreno on December 17, 2010, and pled not guilty to the indictment. The maximum penalty upon conviction is 20 years in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment. Restitution may also be ordered. The charges are merely accusations, and the Dunlavys and Weber are presumed innocent until and unless proven guilty.

The investigation is being conducted by the Federal Bureau of Investigation. Assistant United States Attorney Mikal Hanson is prosecuting the case. The defendants were released on bond pending trial.

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