Jury Finds Salem Man Guilty of Failure to Appear

SIOUX FALLS, SD—United States Attorney Brendan V. Johnson announced that Thomas R. Kelley, age 54, of Salem, South Dakota, was convicted on Wednesday, April 6, of failure to appear following a federal jury trial in Sioux Falls before United States District Judge Lawrence L. Piersol. This charge carries a maximum penalty of 10 years of imprisonment and/or a $250,000 fine, to be served consecutively to the sentence for any underlying charges.

Kelley was previously convicted by a federal jury on May 6, 2010, of one count of false tax refund, one count of impeding the IRS, two counts of tax evasion, three counts of willfull failure to file tax returns, and 15 counts of fictitious obligations. Following those convictions, Kelley was released on bond, and his sentencing for those charges was set for August 23, 2010. Kelley failed to appear at his sentencing. A bench warrant was issued for Kelley, and he was placed on the Minnehaha County Most Wanted Fugitives list. He was ultimately found and apprehended in Wood Lake, Minnesota, on December 22, 2010.

This case was investigated by the Internal Revenue Service, United States Marshals Service, Minnehaha County Sheriff's Office, Federal Bureau of Investigation, and the South Dakota Division of Criminal Investigation. The case was prosecuted by Assistant United States Attorney Kevin Koliner. A presentence investigation was ordered, and a sentencing date was set for June 27, 2011. The defendant was remanded to the custody of the U.S. Marshals.