Justice Department Secures Agreement with South Dakota Hotel and Sports Lounge to Resolve Allegations of Discrimination Against Native Americans
United States Attorney Ron Parsons announced that a Whitewood, South Dakota, man convicted of committing federal wildlife violations of the Lacey Act was sentenced on October 28, 2019, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Everett T. Mackaben, Jr., was sentenced to 2 years of probation, during which the court ordered revocation of all hunting privileges. The court ordered Mackaben to pay $26,825 in restitution to the Oglala Sioux Tribe Parks and Recreation Authority, a $10,000 fine, and a $100 special assessment to the Federal Crime Victims Fund.
“The illegal, commercial exploitation of Tribal lands is a serious issue,” said U.S. Attorney Parsons. “Our office will continue to work with the Oglala Sioux Tribe and all of the Tribal governments across South Dakota to aggressively pursue these cases.”
Mackaben was indicted for violating the Lacey Act by a federal grand jury on April 17, 2018. He pleaded guilty on July 8, 2019.
The offense involved Mackaben acting as a commercial guide for out-of-state deer hunters. Mackaben regularly guided the non-resident hunters on hunts on land within Oglala Lakota County, managed by the Oglala Sioux Tribe Parks and Recreation Authority. The hunters paid Mackaben for guiding and assisting in obtaining hunting licenses. Mackaben would regularly assist the hunters in obtaining licenses to hunt in other areas that did not include Oglala Lakota County, but then guided the hunts on land within that county. After deer were illegally taken in violation of tribal and state law, Mackaben also would arrange shipment of deer to the hunters’ home states.
This case was investigated by the U.S. Fish & Wildlife Service and the Oglala Sioux Tribe Parks and Recreation Authority. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Mackaben was released to begin serving his term of probation.