Court unseals search warrant affidavits in Sanford probe

UNDATED (AP)- Newly unsealed documents show investigators found images of nude underage girls were transmitted on an email account they linked to billionaire philanthropist T. Denny Sanford. But the documents unsealed Thursday (April 27, 2023) show investigators couldn’t prove who sent the images or where that person was at the time. Sanford was not charged after South Dakota’s attorney general said its investigation into child pornography found no prosecutable offenses within the state. Sanford’s attorney said in a statement that various people had access to the electronic devices in question and there were also “signs of hacking.” Sanford is the founder of First Premier Bank in South Dakota and the state’s richest man. He has given billions to hospitals, universities and charities.

To view the unsealed documents, click here.

 

UNDATED (AP)- Investigators found that images of nude underage girls were transmitted on an email account they linked to billionaire philanthropist T. Denny Sanford, documents unsealed Thursday (April 27, 2023) showed, but they were unable to prove who sent them or where that person was at the time.

Sanford’s attorney said in a statement that the newly released documents contain only allegations and “various individuals had documented access to the electronic devices at issue, including signs of hacking.”

Sanford, South Dakota’s richest man, was not charged after the state attorney general’s office said its investigation into child pornography allegations found no prosecutable offenses within its jurisdiction.

Sanford’s attorneys fought to keep the affidavits used to issue search warrants sealed, but the Sioux Falls Argus Leader and ProPublica argued they should be made public and the state Supreme Court ruled this month that they would be unsealed.

Sanford has given billions to hospitals, universities and charities, and the Sanford Health system is named for him. He made his fortune as the founder of First Premier Bank in South Dakota, which is known for issuing high-interest credit cards to people with poor credit.

According to the affidavits, investigators searched Sanford’s email account and cell and internet service providers for evidence of possession of child pornography in 2019, after his accounts were flagged by a technology firm.

In the affidavits, a special agent with the South Dakota Division of Criminal Investigation wrote that several images of nude underage girls were sent via email over three days in May and June 2019. The age of the youngest was estimated at 8 to 12 years.

The account was believed to belong to Sanford because things like his driver’s license and a receipt from a hotel stay that included his name were sent from it.

Beyond questions his attorney raised about whether Sanford was always in possession of the phone and email account, the agent wrote in the affidavit that he was unable to determine the location of the individual who was accessing and using the email account on those days.

The agent noted that Sanford had homes in Sioux Falls, South Dakota, Scottsdale, Arizona, and La Jolla, California. And he found that IP addresses in all of those areas were used to access the account.

Additionally, the agent noted, a user could access computers in those locations remotely.

“Not being able to pinpoint where the geolocation is may bring in the jurisdictional issues,” said John Baker, an assistant professor of criminal justice studies at St. Cloud State University.

The state attorney general’s office said in a statement Thursday that its investigative file was forwarded to the U.S. attorney’s office in South Dakota, which forwarded it to the Department of Justice. The file was also sent to authorities in Arizona and California.

“To date, none of those authorities have lodged charges against Sanford,” according to the statement provided to the Argus Leader.

The attorney general’s office did not immediately respond to messages from The Associated Press seeking comment, nor did the U.S. attorney’s office in South Dakota.

UNDATED (AP)- The South Dakota Supreme Court ruled Thursday (April 6, 2023) that affidavits from an investigation into child pornography allegations against billionaire philanthropist T. Denny Sanford must be unsealed.

In 2019, South Dakota investigators searched his email account, as well as his cellular and internet service providers, for evidence of possession of child pornography, after his accounts were flagged by a technology firm.

Sanford, the state’s richest man, was not charged after the South Dakota attorney general’s office said its investigation into the allegations found no prosecutable offenses within the state’s jurisdiction.

Sanford had sought to bar affidavits used to issue search warrants in the case. But the Sioux Falls Argus Leader and ProPublica argued in court that the documents should be made public.

After the decision not to file charges, Judge James Power ordered in June 2022 that South Dakota law required the affidavits to be unsealed. They were kept sealed while Sanford’s attorneys appealed, sending the case to the state Supreme Court.

Sanford argued that releasing the documents could have an impact on his privacy and reputation.

Initially, the court documents referred only to “an implicated individual,” leading the Argus Leader and ProPublica to go to court seeking access to the records.

The search warrants were unsealed in 2021, identifying Sanford by name for the first time, but the affidavits remained sealed.

In Thursday’s unanimous decision, the state Supreme Court’s found the lower court had thoroughly considered all legal and constitutional ground asserted by Sanford.

“The court’s approach to redaction fell soundly within its discretion, and the court appropriately exercised its discretion to “decide whether there (were) sufficient grounds to prohibit access” to the affidavits.

Sanford has donated billions to hospitals, universities and charities, and the Sanford Health system is named for him. He made his fortune as the founder of First Premier Bank in South Dakota, which is known for issuing high-interest credit cards to those with poor credit.

His attorney, Stacey Hegge, argued that Sanford should be able to inspect and participate in redacting the affidavits before the circuit court unseals them, to avoid any disclosure of trade secrets.

Hegge declined to comment Thursday on the ruling and would not say if an appeal was planned.

Shelly Conlon, the Argus Leader’s news director, applauded the court’s decision.

“To take on a Goliath of an influence in our community and win today is a strong victory for the public’s right to know,” Conlon said. “The law is clear, and the Court’s decision only reaffirms the role journalism has in accountability and understanding government, public figure and law enforcement decisions.”

Jon Arneson, attorney for the Argus Leader, noted that the ruling came just two weeks after attorneys argued the case before the state Supreme Court.

“Obviously, I agree with the Supreme Court’s unanimous decision,” he said. “The reasoning was sound and well articulated.”

The court’s ruling also noted that attorneys for the state had argued that unsealing an affidavit after the investigation was over was consistent with society’s interests in having law enforcement and the judiciary operate in public, even when no charges are filed.