Bismarck Tribune

By TOM RAFFERTYBy TOM RAFFERTY

Rinissa Fitzpatrick was sentenced to 21 months in prison Wednesday for stealing from the Standing Rock Sioux Tribe in a case that U.S. District Judge Daniel Hovland said clearly involved "embezzlement, conspiracy and greed."

Fitzpatrick also was ordered to pay $72,000 in restitution, and serve 100 hours of community service after her release, as well as complete three years of probation.

Fitzpatrick steadfastly maintained her innocence, despite Hovland's stinging criticism.

"Icannot lie and say that Idid these things,"Fitzpatrick said.

Fitzpatrick and Marcia Brave Thunder were found guilty in May on federal charges of theft from an Indian tribal organization, conspiracy to commit offenses against the United States and lying to the FBI. Terrence Yellow Fat was found not guilty on the same three counts by the same jury.

Each charge carries a maximum sentence of five years in prison and up to a $250,000 fine.

Brave Thunder, who was sentenced to 15 months in prison on Aug. 15, has appealed her conviction.

The charges stem from $130,000 in phony consulting agreements that Fitzpatrick and Brave Thunder charged the Little Soldier District of the tribe. Hovland said it was clear that Fitzpatrick's signatures were on the agreements.

Fitzpatrick, who was an elected member of the Business-Planning Council of the Little Soldier District, told Hovland that the $72,000 she was convicted of stealing from the Standing Rock Sioux Tribe was legally earned, and was used to help needy people from the tribe.

"I used the earnings to assist people of the community,"she said.

Hovland expressed his disappointment that no one has owned up to the charges in the case.

"For anyone to suggest nothing was done wrong is absolutely ludicrous,"Hovland said.

Fitzpatrick's attorney, Steven Balaban, asked Hovland to give Fitzpatrick probation.

Balaban said Fitzpatrick would follow the rules of her probation and that she has disabling and chronic health problems.

Assistant U.S. Attorney Rick Volk recommended a sentence of 24 months in prison.

Volk said it could take years for the tribe to trust their public officials again because of the case.

"She was elected to serve the people,"Volk said. "Ultimately, she only served herself."

(Reach reporter Tom Rafferty at 223-8482 or tom.rafferty@;bismarcktribune.com.)