United States Attorney for the District of South Dakota

United States Attorney for the District of South Dakota
U.S. government · Public domain · source
Post	United States Attorney for the District of South Dakota
Insigniacaption	Seal of the United States Department of Justice
Incumbent	David L. R. Brookman
Incumbentsince	2021
Department	United States Department of Justice
Style	Mr. or Ms. Attorney
Appointer	President of the United States
Formation	1889

Contents

United States Attorney for the District of South Dakota is the chief federal law enforcement officer for the District of South Dakota, responsible for prosecuting violations of federal law and representing the United States Department of Justice in civil litigation within the district. The office operates from courthouses in Sioux Falls, South Dakota, Rapid City, South Dakota, and other locations, coordinating with federal agencies such as the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, and the Department of Homeland Security. Holders of the office have interacted with landmark figures and institutions including the United States Supreme Court, the Eighth Circuit Court of Appeals, and the Senate Judiciary Committee.

History

The office was established following South Dakota's admission to the Union in 1889 and has evolved alongside developments in federal statute and jurisprudence. Early officeholders navigated issues tied to the Dawes Act, Homestead Acts, and disputes involving Native American tribes including the Oglala Sioux Tribe and the Yankton Sioux Tribe. In the 20th century the office prosecuted matters shaped by the Prohibition, the Indian Reorganization Act, and wartime statutes during World War I and World War II. During the late 20th and early 21st centuries, the office engaged with initiatives tied to the Violent Crime Control and Law Enforcement Act of 1994, the PATRIOT Act, and federal responses to opioid distribution implicating the Drug Enforcement Administration and the Centers for Disease Control and Prevention. Prominent eras saw collaboration with the Federal Trade Commission on consumer protection, the Environmental Protection Agency on environmental enforcement, and the Bureau of Indian Affairs on tribal jurisdictional matters.

The office prosecutes federal offenses under statutes enacted by the United States Congress and enforced by agencies such as the Internal Revenue Service, the Securities and Exchange Commission, and the Department of the Interior. Typical criminal matters include cases under the Controlled Substances Act, firearms offenses under statutes enforced by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and crimes against tribal members involving jurisdictional questions addressed in opinions by the United States Supreme Court such as decisions interpreting the Major Crimes Act. The office also defends federal programs administered by the Department of Agriculture and litigates civil claims brought by the Department of Health and Human Services and the Small Business Administration. In civil enforcement the office pursues matters under the False Claims Act, the Civil Rights Act of 1964 as applied in federal courts, and environmental statutes enforced by the Environmental Protection Agency.

The United States Attorney leads a staff comprising Assistant United States Attorneys, paralegal specialists, trial attorneys from the Civil Rights Division and the Environmental and Natural Resources Division of the United States Department of Justice, and administrative personnel. The office is organized into divisions mirroring national counterparts: Criminal, Civil, Appellate, and Victim-Witness units, coordinating with offices such as the United States Marshals Service, the Administrative Office of the United States Courts, and the Federal Public Defender. Satellite offices and resident agents facilitate coverage across counties including Pennington County, South Dakota and Minnehaha County, South Dakota, while intergovernmental liaisons work with the South Dakota Attorney General and county prosecutors.

The office has handled high-profile prosecutions involving tribal land disputes, complex fraud, and major drug trafficking conspiracies. Noteworthy matters included major litigation over resource development that implicated the Bureau of Indian Affairs and the Department of the Interior, civil enforcement actions tied to the Environmental Protection Agency's regulatory authority, and prosecutions that reached the Eighth Circuit Court of Appeals and the United States Supreme Court. The office has prosecuted cases involving organized crime figures, cartel-related trafficking prosecuted in coordination with the Drug Enforcement Administration and Immigration and Customs Enforcement, and significant healthcare fraud actions under the False Claims Act involving billing to the Centers for Medicare & Medicaid Services. The office also participated in civil rights enforcement tied to voting rights claims referencing the Voting Rights Act of 1965 and matters arising under the Indian Civil Rights Act.

A succession of U.S. Attorneys has served the district since statehood, including early appointees during the administrations of presidents such as Benjamin Harrison and Grover Cleveland, mid-20th-century appointees under Franklin D. Roosevelt and Dwight D. Eisenhower, and recent appointees nominated by presidents including Bill Clinton, George W. Bush, Barack Obama, Donald Trump, and Joe Biden. Notable former U.S. Attorneys from the district have transitioned to roles in the United States Congress, state judiciaries, and federal appellate positions, appearing before tribunals such as the Eighth Circuit Court of Appeals and the United States Supreme Court.

The United States Attorney is nominated by the President of the United States and must be confirmed by the United States Senate following consideration by the Senate Judiciary Committee. In interim vacancies the Attorney General of the United States may appoint an interim U.S. Attorney under provisions that have been interpreted in Department of Justice policy and statutes enacted by the United States Congress. The office adheres to Department of Justice regulations concerning recusal, delegation, and coordination with federal entities including the Office of the Inspector General and the Department of Justice Office of Professional Responsibility.