SIOUX FALLS - United States Attorney Alison J. Ramsdell announced that James Garrett, age 68, and Levi Garrett, age 44, of Sully County, South Dakota, were found guilty of three counts of False Statement in Connection with Federal Crop Insurance, as a result of a federal jury trial in Pierre, South Dakota. The defendants were found not guilty on four other crop insurance fraud charges and two charges of Major Fraud Against the United States. The verdict was returned on October 31, 2022.
The charges carry a maximum penalty of 30 years in custody and/or a $250,000 fine, five years of supervised release, and a $300 special assessment to the Federal Crime Victims Fund.
The defendants were indicted by a federal grand jury in October of 2021.
In 2018, the defendants falsely certified to a crop insurance company that they planted 2,200 acres of sunflowers in Sully County. In fact, the defendants did not plant sunflowers, and they wrongfully received a total indemnity from the insurance company of $495,048. In 2019, James Garrett falsely certified he planted 47.5 acres of corn in Sully County. In fact, no corn was planted, and he wrongfully received a total indemnity from the insurance company of $484,405.
This case was investigated by the U.S. Department of Agriculture, Office of Inspector General and the U.S. Department of Agriculture, Risk Management Agency. Assistant U.S. Attorneys Cameron J. Cook and Alexis A. Warner prosecuted the case.
A presentence investigation was ordered, and a sentencing date has not been set. The defendants were released pending sentencing.
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| Component | USAO - South Dakota; |
| OIG | Department of Agriculture OIG |