Case 3:19-cr-30134-RAL Document 27 Filed 02/27/20 Page 1 of 4 PageID #: 52

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
CENTRAL DIVISION

UNITED STATES OF AMERICA,

cR 19-30134

Plaintiff,
FACTUAL BASIS STATEMENT
VS

PAMELA DUNCAN,
Defendant.

The Defendant states that the following facts are true, and the parties
agree that they establish a factual basis for the offense(s) to which the Defendant

is pleading guilty pursuant to Fed. R. Crim. P. 11(bX3).
Beginning on or about the 9th day of January, 2Ol7 , through on or about

the 20th day of August, 2018, in the District of South Dakota, the defendant,
Pamela Duncan, being an agent of the United Sioux Tribes of South Dakota

Development Corporation, said organization receiving

in

excess of

$

10,000

directly from the United States Department of Labor annually, embezzled, stole,
obtained by fraud, without authority knowingly converted to the use of a person

not the rightful owners, and intentionally misapplied property worth at least
$5,000, owned by, under the care, custody, and control of such agency, that is,

laptop computers, rym memberships, attorney services, payroll advances, and
travel reimbursement, in violation of 18 U.S.C.

S

666(a)(t)(a).

 Case 3:19-cr-30134-RAL Document 27 Filed 02/27/20 Page 2 of 4 PageID #: 53

The United Sioux Tribes of South Dakota Development Corporation
(USTDC) is a nonprofit corporation, with its main oflice located

at 122 East Sioux

Ave., Pierre, South Dakota. The organization's governing board consists of
elected tribal chairpersons from a variety of nearby Sioux Tribes. The purpose of

USTDC

is to provide job training to enrolied members of Sioux Tribes.

organization received more than

$

10,O0O

The

annually directly from the United

States Department of Labor.
Pamela Duncan began as Acting Executive Director of USTDC when the

prior Executive Director, Laurel Claymore, died in April, 2O16. Duncan was
terminated on August 24,2O1a.

On January 9,

2OI7

,

USTDC purchased two Microsoft surface pro

computers at a total cost of $3,520. When Duncan was terminated, USTDC could

not locate the computers. As part of the investigation, Duncan was interviewed
and produced both computers, acknowledging they were owned by USTDC.
On April 25,2018, Duncan used the USTDC Capitai One credit card to pay

Hero Gym $1,O22.4O for grm memberships for her and her daughter. Duncan

then approved a USTDC check for $ 1,260.50 to pay the entire credit card
balance, including the Hero Gym memberships.

On April 27, 2OL7, Duncan used USTDC's Capital One credit card to
purchase 5,m memberships

at River City Fitness, for a total of $ 1,81 1'57'

Duncan further approved a USTDC check in the amount of $6,256.15, made
payable to Capital One Bank, as payment of the credit card balance, which

included the 5rm memberships. Duncan subsequently acknowledged using the

 Case 3:19-cr-30134-RAL Document 27 Filed 02/27/20 Page 3 of 4 PageID #: 54

USTDC credit card to purchase the grm memberships. Duncan stated she felt

that she owed USTDC for the cost of the grm memberships.
On July 24, 2018, Duncan caused the issuance of a USTDC check in the

amount of $ 1,500 made payable to Rob Konrad for personally attorney services.
Duncan later acknowledged that payment was not related to USTDC business
and that it was wrong for her to use USTDC funds for personal attorney services.

Duncan

a-1so

took the following payroll advances:

$1,600 on July 2,2Ot8

$ 1,150 on July 23,2018
$ 350 on August 14,2018

Records indicate $275 was withheld from Duncan's pay as repayment for a

portion ofthe payroll advances. Duncan has a payroll advance balance of $2,825

that she has not attempted to repay since her termination. Duncan later
acknowledged she did not repay the advances taken. She stated she felt

it was

wrong for her to not have repaid the advances and wants to repay the money.
USTDC purchased an H-3 sport

utility vehicle on November I,2OI7.

Duncan used this vehicle for business travel. Duncan prepared travel vouchers

for the trips she took despite driving the USTDC vehicle. Duncan submitted
travel vouchers for mileage and per diem over November 13,2017, through
August 20,2ola, for a total of 10,901 miles and a total monetary reimbursement
of $3,924.36. Duncan acknowledged she used the USTDC vehicle for travel. She

explained she did not realize she should not have been reimbursed at a lessor
rate despite using the vehicle.

 Case 3:19-cr-30134-RAL Document 27 Filed 02/27/20 Page 4 of 4 PageID #: 55

The tota-l loss for the computers, rym memberships, personal attorney,
payroll advances, and travel is $14,603.33.
RONALD A. PARSONS, JR.
United States Attorney

z/r<
Date

b ?o

5-

e__--<_Michae J.
AS STS tant U nl

States Attornev

P.O. Box7240
Pierre, SD 57501

Telephone: (605\224-5402
Facsimile: (605)224-8305
: Micha

)
/.Date

rl - Zo

Pamela Duncan

Defendant

z-27- 2ozo

Date

Edward G. Alb
Attorney for Defendant

sdoj.gov