Grand Jury Issues Indictments in GEAR UP Financial Investigation

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Marty Jackley

Grand Jury Issues Indictments in GEAR UP Financial Investigation

 PIERRE, S.D.- Attorney General Marty Jackley announced today the three individuals who were arrested by complaint for their roles in the financial misconduct case surrounding the GEAR UP in March 2016, have each been indicted by a Charles Mix Grand Jury.

The indictments are as follows:

Daniel Mark Guericke, 58, White Lake, 2 counts of falsification of evidence, class 6 felony, punishable by up to 2 years imprisonment in the state penitentiary and/or $4,000 fine, 4 counts of conspiracy to offer forged or fraudulent evidence, class 5 felony, punishable as a Class 6 felony, with a maximum sentence of 2 years imprisonment and/or $4,000 fine.

Stephanie A. Hubers, 43, Geddes, 1 count of grand theft, class 4 felony, punishable by up to 10 years in the state penitentiary and/or $20,000 fine, 2 counts of grand theft by deception, class 4 felony, punishable by up to 10 years in the state penitentiary and/or $20,000 fine, 3 alternative counts of receiving stolen property, class 4 felony, punishable by up to 10 years in the state penitentiary and/or $20,000 fine,

Stacy Lee Phelps, 42, Rapid City, 2 counts of falsification of evidence, class 6 felony, punishable by up to 2 years imprisonment and/or $4,000 fine, 2 counts of conspiracy to offer forged or fraudulent evidence, class 5 felony, punishable as a Class 6 felony,  with a maximum sentence of 2 years imprisonment and/or $4,000 fine.

The Preliminary Hearing previously scheduled for April 19, 2016, has now been replace with a scheduled arraignment on all three individuals on May 2, 2016, at 9:30 a.m., at the Charles Mix County Courthouse in Lake Andes, S.D. At the arraignment it is anticipated the defendants will be advised of these charges, the maximum penalties, their rights, and enter a plea of not guilty. These individuals are presumed innocent until such time as proven guilty.

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5 thoughts on “Grand Jury Issues Indictments in GEAR UP Financial Investigation

  1. The Guy from Guernsey

    Relative to the path of an AG to the Governor’s office, a prominent Republican recently offered that Bill Janklow’s rise to the office of Governor benefited because “circumstances catapulted him to the office because law and order became a major issue of that era” – suggesting that since the State hasn’t experienced a natural tragedy during Jackley’s term as AG (e.g. a redux of the Spencer tornado) that he has been deprived of this “advantage”.

    The SD electorate still thirsts for law and order. That precept didn’t die with Janklow.

    During Jackley’s tenure as AG there have been opportunities for him to really shine in bringing prosecution against some big fish. Can you imagine what an Attorney General with ambition toward prosecution would have been able to achieve with EB-5 and MCEC/Gear Up (think Rudy Giuliani). The dilemma, of course, is that he might have been required to put the pinch on some of the people to whom he owes his political existence. What remarkable prosecutorial opportunities that Jackley squandered to remain as a toothless, press-release-producing lapdog for Rounds/Daugaard.