North Dakota
In appeal, man tied to former Sen. Ray Holmberg says search warrant in his own case was unconstitutional
FARGO — A Grand Forks man connected to a former North Dakota senator who traveled abroad with plans to sexually abuse children is appealing
his own federal child sex abuse conviction,
arguing a search warrant in the case was unconstitutional.
Nicholas James Morgan-Derosier, 37, argued evidence showing he possessed child sex abuse material should have been thrown out due to what his defense team called an “overbroad” search warrant. The warrant was used to search Morgan-Derosier’s home in September 2020 for evidence that he violated a judicial order that banned him from doing business as Team Lawn, his landscaping business.
The search turned up a thumb drive that contained child sex abuse materials, according to court documents. Police applied for a search warrant once they found images of children being sexually abused, court documents said.
The evidence likely would have been used in a trial in North Dakota U.S. District Court, but Morgan-Derosier pleaded guilty in September 2023 to charges that said he received, distributed and possessed child sex abuse materials. The plea came after U.S. District Judge Peter Welte denied Morgan-Derosier’s motion to suppress.
Prosecutors also said the defendant sexually abused multiple children over the years, including some he met online and lured to a physical location. Morgan-Derosier and another man sexually abused a boy in 2020 together in a tent near Park Rapids, Minnesota, court documents said.
Morgan-Derosier did not have to admit to the sexual abuse, but he is serving a 40-year sentence for possessing thousands of child sex abuse materials and sharing some of the images online.
Morgan-Derosier reserved the right to appeal his conviction based on the search warrant.
He filed a notice to appeal
last year in the U.S. Eighth Circuit Court of Appeals.
In an appeals brief that was recently unsealed, Morgan-Derosier’s attorney argued that the search warrant was unconstitutional, overbroad and lacking particularity. His team also argued that the warrant led to evidence of a crime that was unrelated to the investigation of his business dealings, the brief said.
“The warrant essentially authorized the police to seize all computers and electronic devices for any crime that was committed at any time,” the brief said. “It is difficult to conceive a less particular or more broad case.”
Contributed / Sherburne County Jail
Morgan-Derosier has been connected to former Sen. Ray Holmberg, R-Grand Forks.
The Forum reported on phone records
that showed Holmberg and Morgan-Derosier exchanged dozens of text messages while Morgan-Derosier was jailed in August 2021.
During Morgan-Derosier’s
January 2022 detention hearing,
First Assistant U.S. Attorney Jennifer Puhl said a “77-year-old man from Grand Forks” texted Morgan-Derosier on Aug. 23, 2021, about bringing Morgan-Derosier’s 19- or 20-year-old boyfriend “over for a massage.” Puhl did not identify the 77-year-old, but the age matched Holmberg’s at the time.
In an interview with The Forum, Holmberg denied asking Morgan-Derosier about a massage but acknowledged he texted Morgan-Derosier about patio work and “a variety of things.”
Other documents and audio recordings revealed Holmberg gave Morgan-Derosier a
ride to Bismarck
shortly after police searched Morgan-Derosier’s home. Once there, Morgan-Derosier spoke with North Dakota consumer protection officials about his business, according to a transcript from the North Dakota Attorney General’s Office. Holmberg attended a legislative energy development and transmission committee meeting that day.
Holmberg was
charged in October 2023
in federal court, with prosecutors saying he
traveled to Prague
multiple times in the 2010s with plans to sexually abuse children. He pleaded guilty to the charge in August.
During that plea hearing,
prosecutors said Holmberg and Morgan-Derosier watched child sex abuse material together.
Holmberg has been
jailed in Minnesota
after
a judge
determined he
violated presentence release conditions.
A sentencing hearing has not been scheduled in his case.
Holmberg served in the North Dakota Senate from 1976 to 2022, when he
resigned shortly after The Forum
broke the story about his connection to Morgan-Derosier.
North Dakota
Schulz to transition from ND Parks and Recreation to ND Department of Corrections and Rehabilitation
Gov. Kelly Armstrong today announced that North Dakota Parks and Recreation Department Director Cody Schulz is leaving the agency next month to assume the role of chief financial officer in the North Dakota Department of Corrections and Rehabilitation, effective Aug. 17.
Schulz has led Parks and Recreation since being appointed director by then-Gov. Doug Burgum in October 2021. Armstrong reappointed Schulz to the position upon taking office in December 2024. Schulz previously served 13 years in the state Department of Emergency Services (DES), including as business manager and finance officer for seven years and as the state’s director of Homeland Security from 2018 to 2021. Prior to joining DES, he spent nearly 13 years in the private sector as a business owner, account specialist and government and public affairs analyst.
“Parks and Recreation has thrived under Cody’s leadership, opening a new state park at Pembina Gorge, expanding and improving existing parks, making major investments in infrastructure and enhancing visitor experiences,” Armstrong said. “While we will miss his leadership of the agency, we’re excited that he has decided to continue serving the citizens of North Dakota at DOCR, where his experience in finance and accounting will serve the department well.”
“This was an incredibly difficult decision, one driven primarily by the desire to travel less and spend more time with family, especially my aging parents. At the same time, my new role at DOCR allows me to work in finance and public safety – two passions that have shaped much of my career,” Schulz said. “I am filled with gratitude for the team at Parks and Recreation, and I leave with complete confidence in this organization. This is an exceptionally talented team filled with capable, dedicated people who care deeply about one another, our mission, and the citizens we serve.”
A native of New Salem, N.D., Schulz earned an associate’s degree from Bismarck State College, a bachelor’s degree in business administration from Dickinson State University and an MBA from the University of North Dakota. He also served on the Morton County Commission from 2012 to 2020, including as chairman in 2016, 2017 and 2020, and as a member of the Morton County Park Board for eight years.
North Dakota
The Women’s College Fan Guide To 2026 Junior Nationals – FloWrestling
Justin Fairbanks went to work! He created this incredible breakdown of Fargo participants and their college commitments. Email kyle.klingman@flosports.tv with updates.
Here’s the full Fargo schedule so you don’t miss any of the girls’ action.
2026 U.S. Marine Corps Junior Nationals
Junior Girls Freestyle
Thursday, July 16 at 2:00 p.m. ET – Session XI
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Friday, July 17 at 4:00 p.m. ET – Session XIV
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Saturday, July 18 at 4:30 p.m. ET – Finals
16U Girls Freestyle
Thursday, July 16 at 6:00 p.m. ET – Session XII
Friday, July 17 at 10:00 a.m. ET – Session XIII
Friday, July 17 at 4:00 p.m. ET – Session XIV
Saturday, July 18 at 11:00 a.m. ET – Session XV
Saturday, July 18 at 3:00 p.m. ET – Session XVI
North Dakota
San Francisco plots risky socialist bank modeled after controversial experiment
San Francisco voters will decide whether the city should have a public bank after city supervisors this week approved such a proposal to appear on the November ballot.
The city would be the first in the nation to have a municipal government-owned bank. Only the state of North Dakota runs a major public bank in the nation.
But the city’s proposal gives no answer as to where the estimated $325 million in start-up costs will come from as the city faces a $643 million budget deficit.
“In a moment like this, asking voters to commit San Francisco to potentially running a financial institution is asking for trust the city has not yet earned,” said Supervisor Alan Wong, one of the two votes against placing the measure on the ballot.
“Our city’s track record shows that meeting those demands is harder than it sounds, even for institutions designed with the right intentions,” he added.
Socialist Supervisor Jackie Fielder, who just returned from a months-long mental health leave, indicated that future legislation would figure out a revenue steam. Supporters of a bank wanted to get ahead of a 2028 expiration date for a state law that gives cities the power to create their own public banks.
“It feels like an incredible tool to add to the city’s tool kit,” Misha Steier, a spokesperson for the San Francisco Public Bank Coalition, told the San Francisco Chronicle. The coalition was founded by Fielder.
“This is the culmination of years and years of movement effort,” Steier said.
A city bank, supporters say, would unlock financing for thousands of housing units that lack funding to address the housing crisis. It could finance climate goals or lend to small businesses in the area.
“This ensures we have an institution run by real bankers that is accountable, nevertheless, to public priorities and public policy priorities,” Fielder said.
“We can build a public bank that prioritizes reinvesting back into what we all need to sustain our local communities,” added Supervisor Chyanne Chen, who brought forth the measure. “Let us use every tool at our disposal to keep the city affordable and to drive an economic recovery that leaves no one behind.”
The bank would be run by qualified bankers appointed by an oversight committee whose members would be selected by local officials. While it does not establish a revenue stream, the ballot measure would at least enshrine the bank’s rules, structure and mission in the city’s charter — including a provision that it would never lend to fossil fuel corporations or weapons manufacturers.
How startup costs will be funded seems to be difficult to answer. Fielder in February attempted another ballot measure that would impose a higher tax on lending companies to help fund such a bank, though that effort was paused to focus on this new ballot proposal.
Any new taxes may be difficult in the current political environment; this past June, voters in the progressive city even voted down a tax hike on highly paid CEOs.
North Dakota’s bank sees deposits mostly from the state’s collections of taxes and fees and corporate accounts. A very small portion comes from residents as “it is the Bank’s policy not to compete with the private sector for retail deposits,” it said on its website.
The bank has mostly seen success and has turned a profit for many years, which can be returned to the state government’s general fund or used for economic development initiatives. A lot of the success can be traced to the the state’s fracking boom, according to research by University of Illinois Chicago professor Robert S. Chirinko.
But unlike commercial banks, deposits into the public bank are not insured by the federal government, which means North Dakota takes on all the risk. California’s law requires federal insurance, which will give the city more regulatory hurdles as no public bank has sought that approval before.
Chirinko said any success replicating North Dakota’s model will heavily depend on funding. San Francisco’s proposed focus on investing in climate-friendly technology or housing may also not pay off immediately.
“There could be a role there for government, but you have to recognize that you’re not going to get your money back,” he said.
Such banks also can face accusations of unfair political influence. In 2016, North Dakota’s bank financed local law enforcement’s militarized response to controversial protests against the Dakota Access Pipeline, sparking liberal backlash.
Already, critics in San Francisco are saying the same political favoritism could happen for how loans and other financial products would get issued.
“What do they want? An SF Public Bank staffed by cronies of absentee SF Supervisor Jackie Fielder,” claimed tech figure and Y Combinator CEO Garry Tan. “It’ll be a tremendous grift mill robbing the city blind.”
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