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FILE - In this March 22, 2016, file photo, Stacy Phelps leaves his initial appearance at the Charles Mix County Courthouse in Lake Andes, S.D. Phelps, the former CEO of the nonprofit American Indian Institute for Innovation, accused of trying to avoid a potential state audit said Wednesday, Oct. 10, 2018,. that he didn't intend to cheat or deceive anyone when he backdated contracts in 2015. Phelps said he backdated the documents in August 2015 because his colleague, Scott Westerhuis, said he couldn't find the originals. (AP Photo/James Nord, File)

FILE - In this March 22, 2016, file photo, Stacy Phelps leaves his initial appearance at the Charles Mix County Courthouse in Lake Andes, S.D. Phelps, the former CEO of the nonprofit American Indian Institute for Innovation, accused of trying to avoid a potential state audit said Wednesday, Oct. 10, 2018,. that he didn't intend to cheat or deceive anyone when he backdated contracts in 2015. Phelps said he backdated the documents in August 2015 because his colleague, Scott Westerhuis, said he couldn't find the originals. (AP Photo/James Nord, File)

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