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Press Release

Mission Man Indicted for Failure to Register as a Sex Offender

For Immediate Release
U.S. Attorney's Office, District of South Dakota

United States Attorney Ron Parsons announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Benjamen T. Flute, a/k/a Benjamin T. Flute, age 39, was indicted on December 11, 2018.  He appeared before U.S. Magistrate Judge Mark A. Moreno on December 13, 2018, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

Flute was convicted of 2nd-degree rape in December 2007.  As a result of this conviction, he is required to register as a sex offender.  It is alleged that between September 25, 2018, and November 28, 2018, Flute failed to properly register as a sex offender as required by law.

The charge is merely an accusation and Flute is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Kirk Albertson is prosecuting the case.   

Flute was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has not been set.

Updated December 14, 2018

Indian Country Law and Justice
Project Safe Childhood