South Dakota

Search warrants: child pornography found in email account linked to T. Denny Sanford

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SIOUX FALLS, S.D. (Dakota Information Now) – Dakota Information Now has obtained the unsealed search warrants associated to the kid pornography investigation involving billionaire philanthropist T. Denny Sanford.

The paperwork had been unsealed Thursday after the South Dakota Supreme Courtroom dominated unanimously on April 6 to uphold a circuit court docket determination. In its ruling, the excessive court docket wrote that the circuit court docket can seal the contents of an affidavit in assist of a search warrant, however solely till the investigation is terminated or an indictment is filed.

The unsealed paperwork embrace data on electronic mail addresses, telephone data, and IP handle. The paperwork are redacted for data like social safety numbers and monetary data. Nonetheless, the justices affirmed that the state was not required to permit Sanford to examine affidavits earlier than they’re unsealed.

Sanford’s authorized workforce had a possibility to attraction the ruling. You’ll be able to learn the paperwork on the backside of this text.

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In response to the affidavit, Sanford’s involvement within the investigation started with a cyber tip linked to an AOL electronic mail account possible being operated by Sanford. The tip was submitted to the Nationwide Heart for Lacking and Exploited Youngsters in July 2019, then forwarded to the South Dakota Web Crimes In opposition to Youngsters Process Pressure in August 2019.

In response to the cyber tip, AOL/Oath Inc. found 36 picture recordsdata throughout the account suspected of depicting youngster pornography. Investigators found that that 36 pictures had been three separate pictures repeated a number of occasions. All three pictures had been of separate nude juvenile females, one with an estimated age between 12 to fifteen years previous; one other estimated to be between 8 to 12 years previous; and a 3rd estimated to be between 10 to fifteen years previous.

Investigators additionally found no less than two photographs of nude juvenile or prepubescent females despatched from a Verizon Samsung Galaxy telephone, in addition to the opposite nude pictures, however with completely different file names.

A number of different gadgets within the electronic mail account included T. Denny Sanford, corresponding to a photograph of his driver’s license, a letter from The Dalai Lama, and a lodge receipt in Sanford’s title, in addition to a number of photographs believed to be Sanford in a hospital robe, in an airplane, and sitting at a desk.

In response to the affidavit, investigators believed the AOL account was being utilized by Sanford and the IP addresses maintained by Midcontinent Communications confirmed a attainable geolocation of Sioux Falls. Nonetheless, investigators cited “inconsistent attainable subscriber geolocation data” related to the Verizon Wi-fi IP addresses used to entry the e-mail account as a purpose for being unable to make an correct dedication relating to the placement of the one that was accessing the account on the actual dates.

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Investigators stated these numerous IP addresses have attainable subscriber geolocations that embrace areas in Arizona, Oregon, and California. On the time, Sanford owned properties in Sioux Falls, Scottsdale, Arizona, and La Jolla, California. Courtroom paperwork say the attainable subscriber geolocation data relating to the IP handle used to entry the account embrace all three of these cities, nevertheless investigators additionally identified that it’s attainable {that a} person might remotely entry computer systems in these areas from anyplace on this planet.

Sanford just isn’t dealing with fees in South Dakota, and it’s unclear if he’s the topic of any youngster pornography investigations in another jurisdictions, together with Arizona or California.

In a press release to Dakota Information Now, Tony Mangan, the communications director the South Dakota Legal professional Normal’s Workplace stated:

“In 2019, the Division of Felony Investigation started investigating whether or not T. Denny Sanford had possessed youngster pornography. Search warrants had been issued. That investigative file was then forwarded to america Legal professional workplace in South Dakota, which forwarded it to the Division of Justice. The file was additionally forwarded to the authorities in Arizona and California. To this point, none of these authorities have lodged fees towards Sanford.

“In 2022, after Legal professional Normal Jason Ravnsborg was impeached and suspended, his administration issued a press release that it didn’t discover possible trigger for felony fees within the state of South Dakota.”

Sanford supplied a press release to Dakota Information Now on behalf of his authorized workforce:

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“Mr. Sanford appreciates that after a radical investigation the authorities concluded there exists no prosecutable offense. Right here, as a result of there is no such thing as a prosecutable case or additional motion to be taken, the court docket data being launched comprise solely allegations. These preliminary allegations had been supplied to regulation enforcement previous to regulation enforcement’s exhaustive investigation and its realization that numerous people had documented entry to the digital units at challenge, together with indicators of hacking. Whereas some declare releasing affidavits that reiterate these allegations represent transparency, releasing preliminary allegations made previous to finishing the total investigation solely misinforms folks and obscures the investigation’s conclusions that no prosecutable offense occurred.”

ProPublica first reported that Sanford was being investigated for possession of kid pornography in August of 2020. In November of 2021, court docket paperwork confirmed the banker and philanthropist was the ‘implicated particular person’ in a toddler pornography investigation.

For practically two years, Sanford has been in a authorized battle with ProPublica and the Argus Chief to delay the unsealing of the search warrant affidavits associated to the investigation. ProPublica and the Argus initially filed to unseal the paperwork whereas the investigation was ongoing, however final 12 months the investigation into Sanford was accomplished by the state and it was decided he wouldn’t face any youngster pornography fees.

Sanford argued that he ought to be allowed to “examine and take part in redacting the affidavits earlier than the circuit court docket unseals them,” however the circuit court docket didn’t consider it was approved to seal the contents of the warrants after the investigation had concluded.

ProPublica and the Argus Chief filed one other movement to unseal the affidavits, arguing that the court docket had beforehand ordered the affidavits to be unsealed upon termination of the investigation whereas concurrently arguing the inspection and redaction course of proposed by Sanford was pointless.

Following the Supreme Courtroom’s ruling, Argus Chief Information Director Shelly Conlon advised Dakota Information Now, “The regulation is evident, and the Courtroom’s determination solely reaffirms the position journalism has in accountability and understanding authorities, public determine and regulation enforcement selections.”

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