A Sisseton man is facing embezzling charges according to the US Attorney for South Dakota’s office. 46-year-old Dustin Martin Kirk faces two counts of embezzlement and theft. He was indicted on March 5th. The two charges stem from an incident with his own business which is no longer in operation Siouxland Lumber and Materials. Kirk has pleaded not guilty and is set to stand trial May 14th. The maximum penalty if found guilty is five years in prison and a $250,000 fine.