Eastern District of Washington
Press releases recorded for this federal judicial district.
Attorney General Merrick Garland Honors Three Spokane Federal Prosecutors for their Outstanding Government ServiceRead the Press Release
Spokane, Washington – U.S. Attorney Vanessa R. Waldref announced today that three members of her team – Special Assistant United States Attorney (SAUSA) Frieda Zimmerman as well as Assistant United States Attorneys (AUSAs) Tyler Tornabene and Dan Fruchter – were honored for their service to the United States and the citizens of Eastern Washington. SAUSA Zimmerman received the Director’s Award for Superior Performance as a Special Assistant United States Attorney. AUSAs Tornabene and Fruchter were awarded with the Director’s Award for Superior Performance by Civil AUSAs. Each was honored by Attorney General Merrick Garland at the Annual Director’s Awards Ceremony in Washington D.C. earlier today. Attorney General Garland himself is a past recipient of a Director’s Award.
SAUSA Zimmerman, who serves as a SAUSA for the Department of Energy Office of Inspector General, was honored for her incredible contributions to the Department of Justice, including in the areas of white-collar crime, False Claims Act cases, health care fraud, civil rights, and COVID-19 fraud. She is universally respected throughout the Department for her unique expertise in procurement fraud, and she is beloved by agents for her skill, dedication, breadth of expertise, and poise. SAUSA Zimmerman embodies not only the best qualities in a federal prosecutor and SAUSA, but the critically important relationships between the U.S. Attorney’s Office and its law enforcement partners.
AUSAs Tornabene and Fruchter were honored for their work to protect innocent patients, who were being defrauded by their medical providers. AUSAs Tornabene and Fruchter resolved allegations against two neurosurgeons, who performed medically unnecessary spinal surgeries and falsely billed federal and state health programs in Eastern Washington. Not only did AUSAs Tornabene and Fruchter – along with their state and federal partners – stop the appalling conduct, but their team secured the Eastern District of Washington’s largest-ever health care fraud settlement of $22,690,458. As part of the settlement, Providence Health and Services not only admitted that their doctors endangered patient safety for profit, Providence also entered into a five-year Corporate Integrity Agreement requiring Providence to implement and maintain quality-of-care and patient safety obligations. Beyond this trailblazing case, AUSAs Tornabene and Fruchter have prosecuted numerous nation-wide fraud cases, built a successful COVID-19 Relief Fraud Strike Force, and significantly contributed to the District’s expanded civil rights efforts.
In announcing today’s awards, U.S. Attorney Waldref thanked SAUSA Zimmerman and AUSAs Tornabene and Fruchter for their incredible service. “Today’s awards are a reflection of the amazing work being done in the Eastern District of Washington by our entire team. The AUSAs in our District often face daunting and sometimes dangerous challenges. Yet, Frieda, Tyler, and Dan have dedicated their leadership, time, expertise, and energy to the service of their nation. And they, like each of the members of my office, are devoted to the high ideals and deeply-held values that define our great nation and our mission to ensure justice is meted out fairly and swiftly. Each member of our office routinely sacrifices their time and energy to keep Eastern Washington safe and strong. I am honored to serve alongside such talented government servants, whose commitment to justice is beyond reproach. I am also so grateful for the support and administrative staff, without whom our mission could not be possible.”
SAUSA Zimmerman works at the Department of Energy Office of Inspector General, and serves as a SAUSA at the U.S. Attorney’s Office in Spokane, Washington. Through her work at the Department of Energy, SAUSA Zimmerman is able to take on additional cases combating fraud and supporting environmental remediation at the Hanford Cleanup Site.
AUSA Tornabene leads the Civil Rights Unit for the Eastern District of Washington and serves as an AUSA in the Civil Division. AUSA Fruchter leads the office’s Fraud and White Collar Unit and serves as a Deputy Chief in the Criminal Division. He handles both criminal and civil fraud matters.
Soap Lake, Washington Physician’s Assistant Pleads Guilty to Lying to the FBIRead the Press Release
Spokane, Washington – Vanessa R. Waldref, United States Attorney for the Eastern District of
Washington, announced that Eldon L. Leinweber, age 72 of Waterville, Washington pleaded guilty
to making a materially false statement to the FBI. Leinweber faces a maximum sentence of five
years imprisonment, a three-year term of court supervision, and a $250,000 fine. Senior Judge
William Fremming Nielsen will determine any sentence after considering the U.S. Sentencing
Guidelines and other statutory factors. Leinweber is scheduled to be sentenced on July 26, 2023,
at 9:00 a.m. in Spokane, Washington.According to court documents, Leinweber was a practicing Physician’s Assistant who held a
Physician’s Assistant License in the State of Washington and U.S. Drug Enforcement
Administration registration number. As such, he was authorized to prescribe controlled substances
for legitimate medical purposes and in the usual course of professional practice. He owned and
operated Mansfield Family Medicine in Soap Lake, Washington. The FBI and the U.S.
Department of Health and Human Services, Office of the Inspector General (“HHS-OIG”), opened
an investigation of Leinweber regarding the potential violation of federal criminal law with respect
to his prescribing of controlled substances. The FBI and HHS-OIG were investigating, in part,
allegations that the Mansfield Family Clinic was overbilling Medicare and Medicaid. In a billing
investigation, one of the material questions relates to the amount of time a medical professional,
such as Leinweber, spends with a patient and the nature of the examination performed, which
directly affect the bill’s amount and whether it is lawfully paid.When the FBI and HHS-OIG interviewed Leinweber during its investigation, he falsely stated that
“99.99%” of the time he checked the vital signs of a patient before prescribing an opioid
medication. In truth and in fact, as Leinweber well knew, that statement was materially false,
when made, because he did not check the vital signs of a patient “99.99%” of the time before
prescribing an opioid medication. Indeed, the rate at which the Mansfield Family Clinic performed
complete physicals was materially lower. Further, for multiple patients, the Mansfield Family
Clinic updated opioid prescriptions with minimal physical examinations. Leinweber’s false
statement was made to mislead the FBI in its investigation.Vanessa R. Waldref, United States Attorney for the Eastern District of Washington said, “Lying to
federal agents is a serious offense. Lying about core aspects of patient safety when prescribing
opioids impacts the health of our entire community. The integrity of our Nation’s criminal justice
system depends on people telling the truth and those who fail to abide by this fundamental
principle must face the consequences.”“Integrity is a core value of the FBI and absolutely fundamental in our investigative work. The
public expects the same from those given the privilege of providing medical care,” said Richard A.
Collodi, Special Agent in Charge of the FBI Seattle Field Office. “This case serves as an example
of the importance of honesty and that we will hold those who lie accountable, no matter their
profession.”“This provider endangered the safety of his patients by recklessly prescribing opioid medications
and lying to federal investigators about doing so,” said Steven J. Ryan, Special Agent in Charge at
the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG).
“HHS-OIG will not tolerate those who attempt to subvert our investigations, particularly when
they concern undermining critical efforts to end the opioid crisis.”This case was investigated by the Federal Bureau of Investigation and the United States
Department of Health and Human Services, Office of Inspector General. This case is being
prosecuted by George J.C. Jacobs, III, Assistant United States Attorney for the Eastern District of
Washington.2:19-CR-209-WFN
Justice Department Observes National Crime Victims’ Rights Week with Events Throughout the CountryRead the Press Release
Spokane, Washington – Vanessa R. Waldref, United States Attorney for the Eastern District of
Washington, announces National Crime Victims’ Rights Week (NCVRW), which will be
observed from April 23–29, 2023. The federal Office for Victims of Crime (OVC) leads
communities throughout the country in annual observances of National Crime Victims’ Rights
Week by raising awareness of victims’ rights and honoring crime victims and those who
advocate on their behalf.This year’s theme is “Survivor Voices: Elevate. Engage. Effect Change.” During this week, the
Department of Justice recognizes the individuals and groups whose advocacy has propelled the
victims’ rights movement forward for the past half century, inspiring in victims and their loved
ones a feeling of hope for progress, justice, and healing. Partner organizations are committed to
engaging with victims of crime; learning from their lived experiences; amplifying their voices;
and fostering an environment where they are heard, believed, and supported.The United States Attorney’s Office for the Eastern District of Washington seeks to raise
awareness about crime victims’ issues and rights and introduce our communities to the important
resources and services available. This matters because, according to a report from the Bureau of
Justice Statistics, in 2021, there were more than 4.6 million violent victimizations and 11.7
million property crimes, the latest year for which such information is available. President
Ronald Reagan proclaimed the first National Crime Victims’ Rights Week in 1981 to bring
greater sensitivity to the needs and rights of victims of crime and the Department of Justice is
proud to continue this important annual recognition.U.S. Attorney Waldref reaffirmed the commitment of the United States Attorney’s Office for the
Eastern District of Washington to supporting the rights of crime victims. “Our mission is to
secure justice for the victims of crime and to prosecute those who have done them harm. To do
this, we work closely with our law enforcement partners to address criminal activity in all of our
communities, and we engage with victims’ advocacy organizations to support survivors and
reduce the pain that so many victims of crime continue to endure.”OVC and the United States Attorney’s Office for the Eastern District of Washington encourage
continued participation in victim-related observances throughout the year. For additional
information on how to support victims of crime, visit OVC’s website at www.ovc.gov or contact
the U.S. Attorney’s Office for the Eastern District of Washington’s Victim Witness Program at
(509) 353-2767.Former Physician to Pay More than $1.1 Million to Resolve Allegations He Performed Medically Unnecessary ProceduresRead the Press Release
Spokane, WA – Former physician Jason A. Dreyer has agreed to pay $1,174,849 to resolve allegations that he performed medically unnecessary neurosurgery procedures that Dreyer caused to be billed to Medicare, Medicaid, and other federal health care programs, announced Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington. The joint settlement announced today is between Dreyer, the United States, and the State of Washington, which administers Washington’s Medicaid program using a combination of state and federal funding.
Between 2013 and 2018, Dreyer was employed as a neurosurgeon at Providence St. Mary’s Medical Center, a hospital in Walla Walla, Washington, owned and operated by Providence Health & Services Washington (Providence). In April 2022, United States Attorney Waldref announced that Providence agreed to pay $22,690,458 to resolve allegations that it fraudulently billed Medicare, Medicaid, and other federal health care programs for medically unnecessary neurosurgery procedures performed by Dreyer and another former Providence neurosurgeon. In the Providence settlement agreement, Providence admitted that, while Dreyer was employed at Providence St. Mary’s, Providence received concerns about Dreyer, including concerns from medical staff that Dreyer was endangering the safety of his patients. As admitted in the Providence settlement agreement, notwithstanding these concerns, Providence permitted Dreyer to resign without reporting him to the National Practitioner Data Bank or the Washington State Department of Health.
“Ensuring that surgical procedures are medically appropriate and properly performed is critical to building safe and strong communities here in the Eastern District of Washington,” said United States Attorney Waldref. “Patients with spinal injuries and back pain deserve top-notch care from a doctor who puts patients and their safety first. Significantly, as part of the settlement, Dr. Dreyer has agreed to voluntarily exclude himself from federal health care programs nationwide for at least nine years. This settlement will therefore make sure that patients, in Eastern Washington and nationwide, are protected from medically unnecessary and unsafe procedures for many years to come.”
After resigning from Providence, between May 2019 and November 2021, Dreyer was employed by Multicare Health Systems (Multicare) to provide neurosurgery services at Deaconess Hospital and Multicare Rockwood Clinic, both in Spokane, Washington. Both Providence and Multicare paid Dreyer based on a productivity metric through which he was paid more for performing more surgeries and for surgical procedures of greater complexity. The settlement announced today resolved allegations that, while employed by Multicare, Dreyer caused false and fraudulent billing to Medicare, Medicaid, and other federal health care programs by performing medically unnecessary procedures that did not meet requirements for federal and state reimbursement.
As part of the settlement, Dreyer entered into an exclusion agreement with the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG). As part of this agreement, Dreyer agreed to be excluded from participating in Medicare, Medicaid, and other federal health care programs nationwide for at least nine years before he can request reinstatement from HHS.
"Providers have a responsibility to ensure that patient needs and safety, not illegitimate personal financial gain, drive medical decisions," said Steven J. Ryan, Special Agent in Charge at the Department of Health and Human Services, Office of Inspector General (HHS-OIG). "As this settlement demonstrates, HHS-OIG is committed to protecting federal health care programs from fraudulent billing and ensuring that providers focus on providing medically necessary care."
"The announced settlement and exclusion agreements are constructive steps in holding Dr. Dreyer responsible for repeatedly violating his patients' trust by valuing financial gain more than patient care and safety," said Bryan D. Denny, Special Agent in Charge of the Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS), Western Field Office. "DCIS remains committed to working with its law enforcement partners in protecting the integrity of the DoD's TRICARE healthcare program, especially in situations involving allegations of potential patient harm."
“VA’s Community Care programs provide veterans and their families the ability to obtain critical healthcare services from providers within their own communities,” said Special Agent in Charge Jason Root of the Department of Veterans Affairs Office of Inspector General’s Northwest Field Office. “This civil settlement reinforces the VA OIG’s commitment to safeguarding the integrity of VA’s healthcare programs and operations and preserving taxpayer funds."
“I appreciate our strong partnership with U.S. Attorney Waldref’s office,” said Washington State Attorney General Bob Ferguson. “I look forward to continuing our work together to protect Medicaid dollars for those who need them.”
United States Attorney Waldref continued “I want to express special appreciation for our close collaboration and partnership with the Washington Medicaid Fraud Control Division and for the exceptional investigative work performed by HHS-OIG, Office of Personnel Management OIG, Defense Criminal Investigative Service, and the Department of Veterans Affairs OIG. We will continue to work closely with our state and federal law enforcement partners to hold health care fraudsters accountable and to protect patient health and safety in the Eastern District of Washington.”
The settlement was the result of a joint investigation conducted by the U.S. Attorney’s Office for the Eastern District of Washington; the State of Washington, Office of the Attorney General, Medicaid Fraud Control Division; the U.S. Department of Health and Human Services, Office of Inspector General, Seattle Field Office, the Defense Criminal Investigative Service, Seattle Field Office; the Office of Personnel Management, Office of Inspector General, Western Regional Office, and the United States Department of Veterans Affairs Office of Inspector General, Spokane Resident Agency. The United States Attorney’s Office would also like to express special thanks and appreciation for the logistical support provided by the Walla Walla Police Department during the investigation. Assistant United States Attorneys Dan Fruchter and Tyler H.L. Tornabene of the Eastern District of Washington handled this matter on behalf of the United States.
final_fully_executed_dreyer_settlement_agreement.pdfBureau of Indian Affairs, Drug Enforcement Administration, and Local Drug Task Force Make Substantial Drug Seizures in Rural WashingtonRead the Press Release
Spokane, Washington – Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, announced today that the Bureau of Indian Affairs Division of Drug Enforcement (“BIA”), the Drug Enforcement Administration (“DEA”), the North Central Washington Narcotics Task Force, and other Federal, State, Local, and Tribal law enforcement, executed a series of federal search warrants at a number of residential locations in rural Okanogan County, near Oroville, Washington, seizing more than 100 pounds of illegal controlled substances and multiple firearms.
The drugs were seized on April 19, 2023, as part of an investigation into the trafficking of multiple-pound quantities of dangerous controlled substances, including fentanyl-laced pills, methamphetamine, heroin, and cocaine. In total, the BIA, DEA, and their law enforcement partners seized approximately 161,000 fentanyl-laced pills (to include Mexi-blues and rainbow-colored pills), approximately 80 pounds of methamphetamine, approximately 6 pounds of heroin, and more than 2 pounds of cocaine. The BIA, DEA, and their partners also seized approximately 12 firearms. A significant portion of the drugs seized were believed to be destined for the Confederated Tribes of the Colville Reservation, as well as for other Native American communities and surrounding areas in Washington and Montana.
According to court documents, several individuals have been charged in connection with the investigation. On April 18, 2023, Erubey Arciga Medrano, Luis Esquivel-Balonos, Chad Winston Vanatta, Emily Wisdom, and Jeremy Wright were indicted by a federal grand jury for the Eastern District of Washington for Conspiracy to Distribute 50 Grams or More of Actual (Pure) Methamphetamine, and 400 Grams or More of Fentanyl, as well as other related drug-trafficking charges.
U.S. Attorney Waldref commended the joint efforts of law enforcement for removing such a large quantity of illegal drugs from the community. U.S. Attorney Waldref stated, “Illegal drugs, and fentanyl in particular, have become a scourge across the United States, including in Indian country. I’m grateful to the BIA, DEA, and our critical Federal, State, and Tribal partners for working together to combat this dangerous poison. Without their combined efforts, approximately 161,000 deadly fentanyl-laced pills and more than 80 pounds of methamphetamine would not have been removed from communities in and around Indian country. As a result, our neighborhoods and communities in Eastern Washington and elsewhere are safer and stronger.”
“The Bureau of Indian Affairs, Division of Drug Enforcement – working hand in hand with the DEA, Tribes, and our law enforcement partners – dealt a real blow to drug trafficking organizations operating in and through Indian country,” stated Associate Director Jason Thompson from the BIA. “Investigative efforts resulted in significant seizures of narcotics across multiple jurisdictions. As a result of all of the agencies involved, Indian country is safer today than yesterday.”
“Our combined efforts at the State, Local, Tribal, and Federal levels removed large amounts of illicit narcotics and firearms,” said Jacob D. Galvan, Acting Special Agent in Charge, DEA Seattle. “The partnerships seen here are saving lives and working to ensure our communities are safe from dangerous drugs and deadly weapons.”
This ongoing case is being investigated by the Bureau of Indian Affairs Division of Drug Enforcement, Drug Enforcement Administration, and the North Central Washington Narcotics Task Force. The investigation team is being assisted by the U.S. Marshals Service, U.S. Customs and Border Protection, the Okanogan County Sheriff, Colville Tribal Police Department, and the Kalispel Tribal Police Department. The case is being prosecuted by Assistant United States Attorney Richard R. Barker.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
2:23-CR-00047-TOR
United States Attorney’s Office, Drug Enforcement Administration, and Spokane Police Department Announce Spring Take Back DayRead the Press Release
SPOKANE, WASHINGTON – The Drug Enforcement Administration has announced the date of its 24th National Prescription Drug Take Back Day. On Saturday, April 22, DEA and its partners will collect tablets, capsules, patches, and other solid forms of prescription drugs.
For more than a decade, DEA’s National Prescription Drug Take Back Day has helped Americans easily rid their homes of unneeded medications—those that are old, unwanted, or expired—that too often become a gateway to addiction.
Take Back Day offers free and anonymous disposal of unneeded medications at more than 4,000 local drop-off locations nationwide.
What: National Prescription Drug Take Back Day
When: Saturday, April 22 from 10 a.m. to 2 p.m.
Who: United States Attorney’s Office, Drug Enforcement Administration, Spokane Police Department
Where: NorthTown Mall, 4750 North Division Spokane, WA 99207 (Northwest parking area)
In partnership with local law enforcement, Take Back Day has removed more than 8,300 tons of medication from circulation since its inception.
Collection sites will not accept syringes, sharps, and illicit drugs. Liquid products, such as cough syrup, should remain sealed in their original container. The cap must be tightly sealed to prevent leakage.
“The United States is committed to reducing tragic drug overdose deaths. By participating in events like Prescription Drug Take Back Day, federal, state, local, and tribal community leaders help remove expired narcotics from our communities, prevent medication misuse, and make Eastern Washington safer and stronger,” U.S. Attorney Vanessa R. Waldref stated. “Drug take back events are one way our community can positively impact the opioid crisis and protect loved ones. Prescription drug misuse and overdose deaths do not discriminate – they can impact individuals of any age, race, gender or demographic.”
“The DEA is committed to protecting our communities,” said Jacob D. Galvan, Acting Special Agent in Charge, DEA Seattle Field Division. “One way we do this is with our National Prescription Drug Take Back Day. By removing unused and unwanted prescription drugs we eliminate the first step that leads to misuse and drug addiction.”
“We have a critical drug use issue in our community. From the open use of dangerous drugs like fentanyl by those stuck in addiction, to the misuse of prescription drugs, overdose deaths are all too common in Spokane,” stated Spokane Police Chief Craig Meidl. He continued, “From February 2022 through February 2023, the Medical Examiner reported 185 overdose deaths in Spokane County. Our officers see the heartbreak and expense of drug related crimes – property and violent crimes – every day. Drug Take Back Day is one tangible way community members can step in and help address the drug crisis in a positive way.”
For more information and to find a collection site near you, visit www.DEATakeBack.com.
Hanford Site Subcontractor and Its Tennessee Owner Indicted by Grand Jury for Stealing More than $1.4 Million in COVID-19 Relief FundingRead the Press Release
Richland, Washington – Today, Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, announced that a grand jury returned an Indictment charging Hanford Site Subcontractor BNL Technical Services, LLC (BNL) and its owner, Wilson Pershing Stevenson III, age 44, of Nashville, Tennessee, with eleven counts of fraudulently obtaining more than $1.4 million in COVID-19 relief funding intended for struggling businesses. The charges in the Indictment are the most recent announced by the Eastern Washington COVID-19 Fraud Strike Force, which was created in 2022 to combat fraud against COVID-19 relief programs in Eastern Washington.
On March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. The CARES Act provided a number of programs through which eligible small businesses could request and obtain relief funding intended to mitigate the economic impacts of the pandemic for small and local businesses. One such program, the Paycheck Protection Program (PPP), provided government-backed loans to small businesses which could be forgiven so long as the proceeds were used for payroll and other eligible expenses. Another program, the Economic Injury Disaster Loan (EIDL) program, provided low interest loans that could be deferred until the conclusion of the pandemic to provide “bridge” funding for small businesses to maintain their operations during shutdowns and other economic circumstances caused by the pandemic. The PPP and EIDL programs have provided billions of dollars in aid, the vast majority of which have not been paid back, including hundreds of millions of dollars disbursed within Eastern Washington.
“COVID-19 relief programs quickly ran out of money due to the number of people and businesses that requested funding, which meant that some deserving small businesses were not able to obtain funding to keep their businesses in operation during the COVID-19 pandemic,” said U.S. Attorney Waldref. “We created the COVID-19 Fraud Strike Force because it is critical to the strength and safety of our community in Eastern Washington that we all work together to combat pandemic-related fraud. The Strike Force is one way to ensure that limited resources are provided to deserving local businesses that provide vital services for our communities.”
In February 2022, the U.S. Attorney’s Office began working with federal law enforcement agencies to create and launch a COVID-19 Fraud Strike Force that would leverage partnerships between different agencies to aggressively investigate and prosecute fraud against COVID-19 relief programs in Eastern Washington. The Strike Force consists of agency representatives from the U.S. Attorney’s Office, Small Business Administration (SBA) Office of Inspector General (OIG), Federal Bureau of Investigation (FBI), U.S. Department of the Treasury Inspector General for Tax Administration (TIGTA), U.S. Secret Service, U.S. Homeland Security Investigations, U.S. Department of Veterans Affairs OIG, Department of Homeland Security OIG, Air Force Office of Special Investigations, General Services Administration OIG, Internal Revenue Service, Department of Energy OIG, and others. Cases investigated and prosecuted by the Strike Force have resulted in numerous indictments, convictions, and civil penalties, and have returned millions of dollars in fraudulently-obtained funds to the public.
Between 2020 and 2021, BNL provided contract labor services to Hanford Site prime contractors. As alleged in the Indictment, BNL’s labor costs and payroll continued to be paid by DOE throughout the pandemic, including when BNL employees were not able to physically work at the site and instead were teleworking or simply home in “ready” status. The Indictment alleges that Stevenson III, on behalf of BNL, nonetheless fraudulently sought and obtained more than $1.3 million in PPP funding for these employees despite their pay and benefits already being covered by DOE contract funds and other federal sources. The Indictment further alleges that Stevenson III transferred nearly all of the fraudulently-obtained CARES Act funding to himself and his family, including to a family trust, to pay off personal debts, and to personal accounts for himself and his wife. The Indictment alleges that Stevenson III then fraudulently and improperly sought and obtained forgiveness for more than $1.3 million in PPP funds by falsely representing that they had been used for payroll and other eligible business expenses.
The fraud charges carry maximum sentences of up to 30 years in federal prison.
This case was investigated by the Department of Energy, Office of Inspector General, Richland Field Office, the Small Business Administration, Office of Inspector General, and the Strike Force. Assistant United States Attorneys Tyler H.L. Tornabene and Dan Fruchter are prosecuting the case on behalf of the United States.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
United States v. Wilson Pershing Stevenson III et al., Case No: 4:23-cr-06014-MKD
FBI’s Safe Streets Task Force Seizes a Large Quantity of Deadly Fentanyl-Laced Pills in Spokane Valley, WashingtonRead the Press Release
Spokane, Washington – Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, announced today that the Federal Bureau of Investigation’s Safe Streets Task Force, which is comprised of multiple local law enforcement partners, executed several federal search warrants at the Motel 6 in Spokane Valley, Washington on March 30, 2023. As a result of the execution of these search warrants, the Task Force seized approximately 24.7 pounds of fentanyl-laced pills (approx. 83,000 pills), 2 pounds of methamphetamine, 1 pound of cocaine, as well as 2 firearms, and over $13,000 in US Currency. Two individuals, Jordy Deboer and Matthew Sailors (a.k.a. Rabbit) were also arrested and have been federally indicted.
Prior to this incident, Deboer was previously arrested and federally indicted for allegedly trafficking in large quantities of methamphetamine and fentanyl-laced pills from the Tri-Cities, Washington area to the Spokane, Washington area. After his indictment, Deboer was released from federal custody to attend inpatient drug treatment.
According to information provided in court documents and proceedings, a short time after Deboer’s release from custody, the Safe Streets Task Force received information he had re-engaged in drug trafficking activities, this time with Sailors. Deboer and Sailors were located at the Motel 6 in Spokane Valley engaging in apparent drug trafficking activities. Law enforcement acted quickly, obtaining multiple federal search warrants that resulted in the large seizure of controlled substances.
U.S. Attorney Waldref commended the joint efforts of law enforcement, which acted quickly to remove dangerous controlled substances from our community. “Illegal drugs, especially fentanyl, continue to harm our communities. I’m grateful for the FBI Safe Streets Task Force’s strong partnership with local law enforcement that resulted in the seizure and removal of dangerous narcotics –including over 24 pounds of fentanyl-laced pills – from the streets of Spokane.”
This ongoing case is being investigated by the Federal Bureau of Investigation’s Safe Streets Task Force, which is comprised of agents of the FBI and United States Border Patrol, as well as detectives for the Spokane County Sheriff’s Office, the Spokane Police Department, the Spokane Valley Police Department, and the Washington State Department of Corrections. The case is being prosecuted by Assistant United States Attorney Caitlin Baunsgard.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
2:22-CR-94-TOR
2:23-CR-41-TORJustice Department Secures Agreement with Washington School District to Remedy Discriminatory Seclusion and Restraint PracticesRead the Press Release
The Justice Department announced today a settlement agreement with Spokane Public Schools in Spokane, Washington, to address the discriminatory use of seclusion and restraint against students with disabilities. The settlement agreement, which resolves the department’s investigation under Title II of the Americans with Disabilities Act (ADA), will protect students with disabilities by eliminating seclusion and reforming the district’s restraint practices.
The department’s investigation concluded that the school district inappropriately and repeatedly secluded and restrained students with disabilities and did not limit its use of restraint and seclusion to emergency situations, as required by state law and the district policy. Instead, the district restrained and secluded students with disabilities to address noncompliant behavior, even when those actions appeared to escalate the behavior or when students showed clear signs of trauma. As a result, students with disabilities missed hundreds of hours of instructional time. Under the settlement agreement, Spokane Public Schools has agreed to end the use of seclusion, overhaul its restraint practices and better train staff on how to anticipate, address and de-escalate students’ disability-related behaviors through effective and appropriate interventions and supports.
“When schools discriminate against students with disabilities through improper restraints and seclusion, they unjustly deprive those students of equal access to education and the opportunity to succeed,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Schools need the tools and the training to appropriately serve all students, including students with disabilities. This agreement will put Spokane Public Schools firmly on a path to systemic reforms that will protect students with disabilities and provide them with a safe and supportive learning environment. The Civil Rights Division will continue to fight discrimination against children with disabilities in public schools across the country.”
“Each and every child deserves a fair and equal opportunity to learn and thrive,” said U.S. Attorney Vanessa R. Waldref for the Eastern District of Washington. “Our office, in partnership with the department’s Civil Rights Division, will vigorously investigate allegations of discrimination on the basis of disability in all settings, including in our public schools. We are heartened by the school district’s commitment to this sweeping agreement, which will undoubtedly improve the education and everyday lives of many of our students in the Spokane community.”
The district fully cooperated throughout the investigation, and before entering the agreement, began steps to voluntarily reform its practices. Among other actions, under the agreement, the district will:
- Prohibit the use of seclusion (referred to in the agreement as “isolation”) at all district schools;
- Only restrain students when their behavior poses an imminent likelihood of serious harm to the student or another person;
- Improve data collection efforts and establish review protocols following the use of restraint;
- Review and improve behavioral intervention plans;
- Create classroom-wide behavior management plans that promote positive behaviors and de-escalate noncompliant behaviors to support teachers and students in classrooms serving students with high-intensity behaviors;
- Deliver appropriate training and resources to help schools implement the agreement and respond appropriately to student behavior;
- Create a complaint procedure through which families can file a complaint with the district regarding the use of seclusion or restraint;
- Offer counseling and compensatory education services to students with disabilities who were subjected to the district’s discriminatory practices; and
- Appoint an Intervention Coordinator to ensure the district’s compliance with the agreement and Title II of the ADA.
Enforcement of Title II of the ADA is a priority of the Civil Rights Division. This agreement is the most recent in a series of division settlements to address and prevent unlawful seclusion and restraint of students with disabilities in public schools. On Feb. 16, for example, the division reached a settlement with the Anchorage School District in Alaska to address the discriminatory use of seclusion and restraint against students with disabilities. The division reached similar agreements in December 2022 with the Okaloosa County School District in Florida, in September 2022 with the Cedar Rapids Community School District in Iowa, in December 2021 with the Frederick Public School District in Maryland and in December 2020 with the North Gibson School Corporation in Indiana.
Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and additional information about the Educational Opportunities Section’s work is available at www.justice.gov/crt/educational-opportunities-section. To learn more about the section’s work under the ADA to combat improper seclusion in schools, visit this website: www.justice.gov/schoolseclusion.
Members of the public may report possible civil rights violations at www.civilrights.justice.gov/.
download_doj_cover_letter.pdf download_settlement_agreement.pdf download_settlement_agreement_summary.pdfQuincy Man Sentenced to 12 Years for Child Pornography OffenseRead the Press Release
Spokane – On April 12, 2023, U.S. District Judge Thomas O. Rice sentenced Sergio Bonilla
Henriquez, 24, of Quincy, Washington, to 144 months in federal prison for Receipt of Child
Pornography. Defendant pleaded guilty on January 11, 2023. Judge Rice also ordered
Henriquez to pay $48,000 in restitution to his victims and be federally supervised for life after
Henriquez is released from prison.According to court documents and proceedings, Henriquez was identified as a child exploitation
suspect after he used various names to engage in several online chat groups dedicated to the
trading of child pornography. Within the chat groups, Henriquez distributed and received child
pornography files depicting minors of all ages and engaged in explicit discussions detailing his
sexual interest in minors and encouraging the sex abuse of minors by others. After a federal
search warrant was executed at Henriquez’s residence, forensic review of his phone revealed
more than 26,000 images and videos of child pornography.Court documents further reveal that, after being granted pretrial release from custody, Henriquez
uploaded child pornography to outgoing communications in Snapchat, which led to the execution
of another federal search warrant at Henriquez’s residence. Investigators found minors living in
the residence and Henriquez in possession of firearms, which were violations of his release
conditions. They also discovered additional evidence of child pornography on Defendant’s
electronic devices.“The significant sentence imposed in this case recognizes the ongoing and lasting harm caused
by child exploitation. It also sends a strong message to Mr. Henriquez and others who use what
they believe to be online anonymity to exploit the most vulnerable among us,” said United States
Attorney Vanessa R. Waldref. “I commend the collaborative, hand-in-glove investigation and
prosecution of this case by the child exploitation agents at Homeland Security Investigations and
AUSA Ann Wick, who is one of the most experienced and thoughtful child exploitation
prosecutors in the District.”“Child predators like Mr. Henriquez cannot be allowed to engage in these kinds of depraved acts,
whether in person or online,” said Steven Schrank, Deputy Special Agent in Charge of HSI
operations in the Pacific Northwest. “Child exploitation cases can be among the most heart-wrenching
in all of law enforcement, but this investigation shows our commitment to finding
justice for underage victims and their families.”This case was investigated by Homeland Security Investigations, with the assistance of the Grant
County Sheriff’s Office, and prosecuted by Ann T. Wick, Assistant United States Attorney for
the Eastern District of Washington.2:20-CR-100-TOR
Ellensburg Man Sentenced to 132 Months in Federal Prison for Fentanyl Distribution that Resulted in the Deaths of Two Young PeopleRead the Press Release
Yakima, Washington – Chief United States District Judge Stanley A. Bastian sentenced Jonathan Rivera-Venegas, age 21, of Ellensburg, Washington, to 132 months in federal prison after Rivera-Venegas had pleaded guilty on December 7, 2022 to Conspiracy to Distribute Fentanyl. Rivera-Venegas will also serve five years of supervised release after his release from confinement.
According to court documents, Rivera-Venegas began distributing “blues” – which are counterfeit prescription medication containing fentanyl, a deadly synthetic opioid – in Ellensburg, Washington beginning in at least June 2021. Over a nine day span in August 2021, Rivera-Venegas distributed fentanyl-laced pills to a twenty-one year old male and a sixteen year old male. Both young men were poisoned by the fentanyl distributed by Rivera-Venegas and died. Rivera-Venegas then relocated to Hawaii where he was located by law enforcement and returned to the Eastern District of Washington.
United States Attorney Vanessa R. Waldref stated, “Fentanyl is the deadliest drug threat facing this country, and this case in particular presents egregious consequences stemming from this dangerous poison. Mr. Rivera-Venegas knew these drugs were deadly and yet continued to distribute fentanyl in our communities. Two families are devastated as a result of Rivera-Venegas’s crimes. Our community is safer and stronger today as a result of the incredible work of several law enforcement agencies, who came together to investigate and prosecute this tragic case.”
Ken Wade, Chief of the City of Ellensburg Police Department, stated, “I appreciate the hard work and commitment to public safety that went into the investigation and prosecution of Jonathan Rivera-Venegas. We realize this conviction will not lesson the pain felt by our community and the families of those we lost. I want to thank our federal partners for their assistance in bringing Rivera-Venegas back to Washington and holding him accountable for his actions that led to these tragedies.”
“This investigation demonstrates the determination of the DEA, and our law enforcement partners, to tirelessly pursue those who bring poison into our communities,” said Jacob D. Galvan, Acting Special Agent in Charge, DEA Seattle Field Division. “This sentence should serve as a warning to those who distribute fake pills laced with fentanyl that we will find you and hold you accountable.” The case was investigated by the Drug Enforcement Administration, the Ellensburg Police Department, the Kittitas County Sheriff’s Office, the U.S. Marshals Service and the Washington State Patrol. This case was prosecuted by Michael J. Ellis, Assistant United States Attorney for the Eastern District of Washington.
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31 Year-Old Yakima Man Sentenced to 7 Years Imprisonment for Being a Felon in Possession of Firearms Stolen from Fish and Wildlife BuildingRead the Press Release
Yakima, Washington – On April 4, 2023, United States District Judge Mary K. Dimke sentenced
Alexander Scott Stevens, 31, a resident of Yakima, Washington, to seven years in federal prison
after his conviction for being a Felon in Possession of Firearms. Stevens will serve a three-year
term of court supervision after he is released from custody.According to information disclosed during court proceedings, on January 2, 2022, Yakima Police
Department (“YPD”) officers responded to an alarm that had been activated at the Washington
Department of Fish and Wildlife. Officers observed that someone had severed the chain link
fence and cut a hole in the exterior wall of the building. A subsequent inventory revealed that 18
firearms and a suppressor had been stolen from the Washington Department of Fish and
Wildlife. A YPD forensic investigator was able to develop a palm print impression that had been
left just above the hole in the exterior wall, and detectives confirmed that Stevens was the source
of the palm print impression. Given the number of firearms involved, YPD referred the case to
the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) and the case was worked
jointly. On January 24, 2022, Stevens was taken into custody by YPD. A criminal complaint
was filed in federal court and Stevens was taken into custody. On February 15, 2022, a federal
Grand Jury returned an Indictment charging Stevens with being a Felon in Possession of
Firearms.“This case highlights the force multiplier effects of local and federal law enforcement agencies
working closely together,” remarked Vanessa R. Waldref, United States Attorney for the Eastern
District of Washington. “I commend YPD and ATF, whose hard work and effective
investigation resulted in Mr. Stevens being quickly apprehended, and 18 stolen guns being
removed from the hands of a convicted felon. The consistent collaboration of YPD and ATF
have made our neighborhoods and communities in Eastern Washington safer and stronger.”“ATF will do what it takes to get stolen firearms off the streets,” said ATF Seattle Field Division
Special Agent in Charge Jonathan T. McPherson. “The brazen actions of Mr. Stevens truly
justify this sentence. It was no small thing to break into a state facility by cutting a hole in the
building or to steal more than a dozen firearms. As a convicted felon, Mr. Stevens was not
legally permitted to possess firearms in the first place.”“Gun violence is a prevalent and continuing threat to society,” stated Yakima Police Department
Chief Matthew Murray. “As we have seen all across the country, violent offenders are using
firearms to perpetrate violent crimes that range from robbery to murder. As a result of the
remarkable collaboration between state and federal partners in the Eastern District, justice has
again been served. I commend and continue to appreciate the partnerships between YPD, ATF,
the Washington Department of Fish and Wildlife, and the U.S. Attorney’s Office.”This case was prosecuted under the Project Safe Neighborhoods (PSN) program. PSN is a
federal, state, and local law enforcement collaboration to identify, investigate, and prosecute
individuals responsible for violent crimes in our neighborhoods. The U.S. Attorney’s Office is
partnering with federal, state, local, and tribal law enforcement to specifically identify the
criminals responsible for violent crime in the Eastern District of Washington and pursue criminal
prosecution.This case was investigated by the Yakima Police Department, the Bureau of Alcohol, Tobacco,
Firearms, and Explosives, the Union Gap Police Department, and the Washington State Patrol.
This case was prosecuted by Assistant United States Attorney Todd Swensen.1:22-CR-2017-MKD
Kennewick Man Sentenced to over 22 Years in Prison for Producing Child PornographyRead the Press Release
Richland, WA – Chief United States District Judge Stanley A. Bastian sentenced James Patrick Wertman, age 53, of Kennewick, Washington, to 270 months in federal prison today for Production of Child Pornography. At the conclusion of his prison term, Wertman will spend the rest of his life on federal supervision. Chief Judge Bastian ordered restitution to the victims of Wertman’s offenses in the amount of $19,601.10. Wertman had entered a guilty plea to two counts of Production of Child Pornography, on January 10, 2023.
In announcing today’s sentence, Chief Judge Bastian observed that Wertman victimized a young child for several years and that in victimizing the child, he also victimized her family. Judge Bastian further indicated his sentence needed to recognize for the victim, the victim’s family, and the public that Wertman’s crime was serious and deserving of a serious sentence.
According to publicly available court documents, this case stemmed from a complaint from Defendant’s former fiancé, who reported she had located an iPad containing naked images of children, including the fiancé’s daughter, who was seven years old at the time.
Law enforcement obtained a search warrant and searched all of Wertman’s devices to include the iPad provided by the child’s mother and the iCloud account associated with that device. The search revealed child pornography images and videos Defendant produced of the child from the time she was 4 years old, up through the date her mother located the images, when the child was 7. During the investigation, law enforcement interviewed Wertman, who stated he had been in a dating relationship with the child’s mother for several years. Wertman further claimed that he believed he had deleted the nude photographs of the child.
The videos recovered from the iPad and Wertman’s iCloud depict him setting up a recording device (a phone) prior to capturing the child, who was not wearing any clothing. Wertmen then proceeded to sexually molest the child. These images and videos are the subject of the federal case against Wertman for which he was sentenced today. Following today’s sentencing, Wertman will be transferred to Benton County Superior Court, where he has agreed to plead guilty to two counts of first-degree child molestation.
While the gravity of Wertman’s crimes and the impact on his victim are immediately apparent, Wertman’s actions also have impacted, and will continue to impact, the victim’s family. Wertman’s crimes left a mother believing she is incapable of protecting her own children. As the victim’s mother explained in a victim impact letter, she now questions every relationship, distrusts everyone, and lives in a state of constant worry and fear, all as a result of Wertman’s betrayal of trust. This grieving mother further notes she thought she was doing all of the right things to protect her children, but believes she failed her daughter. The victim’s other family members expressed the same feelings regarding the harm they experienced as a result of Wertman’s crimes against an innocent child.
After today’s sentencing hearing, U.S. Attorney Vanessa R. Waldref stated, “Child abuse devastates entire families and our community. While we all need to take great care in selecting our children’s caretakers, this crime was the fault of one man only, the Defendant, James Wertman, who chose to victimize an innocent child who trusted him.” U.S. Attorney Waldref reiterated, “My office prioritizes these offenses against our community’s youngest and most vulnerable and will continue to aggressively prosecute those who harm children.”
“Mr. Wertman exploited a position of trust to abuse an innocent child. I applaud the investigative work to put this child predator behind bars,” said SAC Robert Hammer, who oversees HSI operations in the Pacific Northwest. “Child exploitation cases will remain a priority for HSI, and we ask that parents remain alert to anyone that would pose a threat to children.”
This case was pursued as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals, who sexually exploit children, and to identify and rescue victims. The Project Safe Childhood Initiative (“PSC”) has five major components:
· Integrated federal, state, and local efforts to investigate and prosecute child exploitation cases, and to identify and rescue children;
· Participation of PSC partners in coordinated national initiatives;
· Increased federal enforcement in child pornography and enticement cases;
· Training of federal, state, and local law enforcement agents; and
· Community awareness and educational programs.For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
The federal case was investigated by Homeland Security Investigations through the Southeast Regional Internet Crimes Against Children Task Force, which includes detectives from the Kennewick and Richland Police Departments as well as the Benton County Sheriff’s Office. This case was prosecuted by Alison L. Gregoire, Assistant United States Attorney for the Eastern District of Washington, and Laurel Holland, Deputy Prosecuting Attorney for Benton County.
4:21-CR-06024-SAB
Eleven Washington and California Residents Plead Guilty in Connection with Staged Automobile Accident SchemeRead the Press Release
Spokane, Washington – Vanessa R. Waldref, United States Attorney for the Eastern District of Washington, announced today that eleven Washington and California residents have pleaded guilty for their participation in a staged automobile accident scheme to defraud insurance companies, or for obstructing official proceedings.
Defendants have pleaded guilty as follows:
Ali Abed Yaser, age 52 of Kennewick, Washington - conspiracy to commit mail and wire fraud, conspiracy to commit health care fraud, conspiracy to obstruct official proceedings, making a false statement to the FBI, and two counts of mail fraud;
Hussein A. Yasir, age 41 of Kennewick, Washington - conspiracy to commit mail and wire fraud, conspiracy to commit health care fraud, five counts of wire fraud, and five counts of mail fraud;
Maria Elena Sanchez, age 42 of Kennewick, Washington - conspiracy to commit mail and wire fraud, conspiracy to commit health care fraud, seven counts of wire fraud, and three counts of mail fraud;
Jesus George Sanchez, age 57 of Pasco, Washington - conspiracy to commit mail and wire fraud, conspiracy to commit health care fraud, two counts of mail fraud, and one count of wire fraud;
Ali F. Al-Himrani, age 41 of Temecula, California - conspiracy to commit mail and wire fraud, conspiracy to commit health care fraud;
Mohammed F. Al-Himrani, age 34 of Kennewick, Washington - conspiracy to commit mail and wire fraud, conspiracy to commit health care fraud;
Khalil Abdul-Razaq, age 40 of Kennewick, Washington - conspiracy to commit mail and wire fraud, conspiracy to commit health care fraud;
Ameer R. Mohammed, age 46 of Kennewick, Washington - conspiracy to commit mail and wire fraud, conspiracy to commit health care fraud;
Sinan Akrawi, age 44 of La Mesa, California - conspiracy to commit mail and wire fraud;
Mohammed Naji Al-Jibory, age 55 of Kennewick, Washington – conspiracy to obstruct official proceedings;
Noor Tahseen Al-Maarej, age 33 of El Cajon, California – misprision (concealment) of a felony.
These eleven defendants face the following possible maximum statutory sentences: 20 years for each count of mail fraud and wire fraud, each count of conspiracy to commit mail fraud and wire fraud, and each count of conspiracy to obstruct official proceedings; 10 years for conspiracy to commit healthcare fraud; 5 years for making a false statement to the FBI; and 3 years for misprision of a felony. United States District Judge Mary K. Dimke will determine sentences for each defendant after considering the U.S. Sentencing Guidelines and other statutory factors.
“Staged accidents make our streets dangerous and distract police from responding to legitimate distress calls,” said Vanessa R. Waldref, United States Attorney for the Eastern District of Washington. “Moreover, efforts to hinder federal criminal proceedings will not be tolerated. We will continue to work closely with our federal and state law enforcement, and private industry, partners to investigate fraud schemes.”
“The number of people and the amount of planning involved in this fraudulent scheme make this crime even more shocking and unacceptable,” said Richard A. Collodi, Special Agent in Charge of the FBI Seattle Field Office. “Deliberate, staged accidents increase the risk to the public, increase rates for drivers with legitimate claims, and we are committed to holding these subjects accountable for their actions, including their fabricated stories against FBI agents.”
According to court documents, between approximately July 2017 and April 2020, members of the conspiracy staged automobile accidents and thereafter caused the submission of false insurance claims for property damage, wage loss and personal injury. In some of the staged accidents, Maria Elena Sanchez, who worked as a case manager at a personal injury law firm in Washington, used her position to help members of the conspiracy submit their fraudulent insurance claims and collect settlement payments totaling approximately $657,812.
This case was investigated by the Federal Bureau of Investigation, the United States Department of Health and Human Services, Office of Inspector General, and the Internal Revenue Service, Criminal Investigation, with the assistance of the National Insurance Crime Bureau. This case is being prosecuted by George J.C. Jacobs, III, Assistant United States Attorney for the Eastern District of Washington. Other defendants have been named in an Indictment and are awaiting trial. An Indictment is merely an allegation and all remaining defendants who have not entered into guilty pleas are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Yakima Man Sentenced to 48 Months in Federal Prison for Firearm OffenseRead the Press Release
Yakima, Washington – United States District Judge Mary K. Dimke sentenced James Duane Deckard, age 25, of Yakima, Washington, to 48 months in federal prison after Deckard had pleaded guilty on November 15, 2022 to being an Unlawful User of Controlled Substances and Person Convicted of Domestic Violence in Possession of a Firearm and Ammunition. Deckard will also serve three years of supervised release after his release from confinement.
According to court documents, on December 16, 2021, Deckard was involved in a domestic dispute where Deckard pointed a firearm at his intimate partner. On December 18, 2021, officers with the Yakima Police Department attempted to stop Deckard’s vehicle. Deckard accelerated and attempted to elude law enforcement through Yakima, eventually colliding with a fire engine. Deckard then ran from the vehicle and was apprehended. Deckard’s intimate partner – who had been inside the vehicle – alerted officers that Deckard had thrown an item out of the car while driving by a park. Officers responded to Raymond Park where they located a firearm, which was later found to have Deckard’s DNA. Various rounds of ammunition were recovered from Deckard’s vehicle as well as a substantial amount of marijuana. When detained, Deckard made statements indicating that Deckard was a user of methamphetamine. Deckard had previously been convicted of a domestic violence assault against his intimate partner.
After Deckard was sentenced, United States Attorney Vanessa R. Waldref stated, “Through our Safe Homes, Safe Community Initiative, we are protecting families and preventing firearm homicides perpetrated by those who have a history of domestic violence and unlawfully possess firearms. When there is a gun in a house that has a domestic abuser, the risk of violence increases significantly. Indeed, Offenders with a history of domestic violence that possess firearms are five times more likely to kill their partners. Abusers also use firearms to inflict fear, intimidation, and coercive control. By keeping guns out of the hands of domestic abusers, our communities are safer and stronger.”
“The combination of domestic violence, drugs and firearms is not a good strategy for success,” said ATF Seattle Field Division Special Agent in Charge Jonathan T. McPherson. “Once he completes his sentence, Mr. Deckard will still be relatively young. We are hopeful that as a result of the prosecution in this case, Mr. Deckard can make the necessary changes in his life to become a positive member of the community on his release.”
Chief Matthew Murray, Chief of Police for the Yakima Police Department commended the corroborative work of law enforcement to bring justice in this case. Chief Murray stated, "I applaud the work of both the ATF and U.S. Attorney in this case. They are strong partners in Yakima’s effort to combat domestic violence in our community. These prosecutions were the proactive concept of the U.S. Attorney’s Office, and I believe send a strong message that acts of domestic violence will not be tolerated.
This case was prosecuted under the Project Safe Neighborhoods (PSN) program. PSN is a federal, state, and local law enforcement collaboration to identify, investigate, and prosecute individuals responsible for violent crimes in our neighborhoods. The U.S. Attorney’s Office is partnering with federal, state, local, and tribal law enforcement to specifically identify the criminals responsible for violent crime in the Eastern District of Washington and pursue criminal prosecution.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Yakima Police Department, and the Washington State Patrol. This case was prosecuted by Michael J. Ellis, Assistant United States Attorney for the Eastern District of Washington.
1:22-cr-02066-MKD
Mexican National Sentenced to 144 Months for Drug Trafficking in the Tri CitiesRead the Press Release
Richland, Washington – On March 28, 2023, Senior United States District Judge Edward F. Shea sentenced Rafael Muniz-De La Mora, 49, to 12 years in in federal prison after his guilty plea to possession with intent to distribute 50 grams or more of pure methamphetamine. Muniz-De La Mora, who is from Sinaloa, Mexico, also will serve 5 years of federal supervision after he is released from federal custody.
According to information disclosed during court proceedings, the DEA Tri-Cities Task Force identified Muniz-De La Mora and his Codefendant, Carlos Madrigal-Deniz, during an investigation into a drug trafficking organization operating in the Tri-Cities area. Madrigal-Deniz was brokering pound quantity transactions for the drug trafficking organization, which routinely was distributing 100 to 200 pound shipments of methamphetamine into the Eastern Washington. During the investigation, De La Mora was identified as Madrigal-Deniz’s supplier.
In September 2020, Madrigal-Deniz made arrangements for a ten-pound delivery of methamphetamine from Muniz-De La Mora, who brought a four-year-old child to the transaction. The child was wearing a Spider-Man backpack containing approximately 10 pounds of methamphetamine. Muniz-De La Mora escorted the young child, who is seen wearing the backpack, from one vehicle to another. Muniz-De La Mora, the child, and another co-defendant then entered into the second vehicle – a Chevy Cruze. Shortly, thereafter, DEA Tri-Cities stopped the Chevy Cruze and recovered the backpack, which was inside the car, next to the child. Inside the Spider-Man Backpack, the DEA recovered 10 pounds of methamphetamine supplied by Muniz-De La Mora. Below are still shots from surveillance video of the transaction. Muniz-De La Mora appears in a black t-shirt.
Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, stated “Drug distribution continues to be a scourge in the Tri-Cities and elsewhere. It is particularly troubling that Mr. Muniz-De La Mora used a four-year old child to conceal his distribution activities”
U.S. Attorney Waldref continued: “I commend the collaborative efforts of state, local, and federal law enforcement to identify Mr. Muniz-De La Mora’s drug trafficking activities and to prevent him from further distributing this poison in our community. The people of Eastern Washington also are incredibly fortunate to be represented in federal court by Assistant United States Attorney Stephanie Van Marter, who spearheads federal drug prosecutions in the Tri-Cities and elsewhere in this District.”
“Mr. Muniz-De La Mora, an individual who involved a four-year-old in his drug distribution scheme, will spend a significant amount of time in prison due to the dedication of our state, local and federal partners who continue to work to keep our communities safe, healthy and free of individuals like him,” said Jacob D. Galvan, Acting Special Agent in Charge, DEA Seattle Field Division.
This case was investigated by the DEA Tri-Cities, the METRO Drug Task Force, United States Border Patrol, Richland Police Department, Kennewick Police Department, Pasco Police Department, and West Richland Police Department. This case was prosecuted by Assistant United States Attorney Stephanie Van Marter.
4:20-CR-6028-EFS
Othello Woman Sentenced to 46 Months in Federal Prison for Firearm OffenseRead the Press Release
Spokane, Washington – United States District Judge Thomas O. Rice sentenced Alondra Yanez, age 25, of Othello, Washington, to 46 months in federal prison after Yanez had pleaded guilty on December 14, 2022 to being a Felon in Possession of Firearms. Judge Rice ordered that Yanez’s 46 month federal sentence be served consecutively to a 12 month sentence for theft in the second degree imposed by the Adams County, Washington, Superior Court. Yanez will also serve three years of supervised release after her release from confinement.
According to court documents, on February 24, 2021, a co-defendant, Guillermo Valdez, participated in a residential burglary in Spokane County, Washington, during which Valdez stole eleven firearms. Yanez helped Valdez traffic the stolen firearms by advertising the firearms for sale using Facebook Messenger. One of the stolen firearms sold by Yanez was used during the homicide of a four-year-old child in Othello, Washington, during a domestic dispute on February 27, 2021.
United States Attorney Vanessa R. Waldref, who is the Chief Law Enforcement Officer in the Eastern District of Washington, stated, “Ms. Yanez endangered our community by trafficking in stolen firearms. Her conduct directly led to the tragic homicide of a four-year-old child. I’m grateful for the joint efforts of federal, state, and local law enforcement, who helped bring Ms. Yanez to justice and who work tirelessly to keep our communities safe and our neighborhoods strong.”
“Ms. Yanez’s brazen conduct clearly warranted this significant sentence,” said ATF Resident Agent in Charge Sterling Nixon. “ATF is committed to keeping members of our communities safe from individuals who provide firearms to dangerous criminals.”
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Othello Police Department, the Moses Lake Police Department, the Spokane County Sheriff’s Office, and the Washington State Patrol. This case was prosecuted by Michael J. Ellis, Assistant United States Attorney for the Eastern District of Washington.
2:22-cr-00021-TOR-2
Long-Time Sureno Gang Member Pleads to Assaulting a Federal Law Enforcement Officer with a Deadly WeaponRead the Press Release
Spokane, Washington – Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, announced that Randy Coy James Holmes, age 25, of Spokane, Washington, pled guilty today in federal court in Spokane, Washington to Assault with a Deadly Weapon on a Federal Law Enforcement Officer in violation of 18 U.S.C. § 111(a)(1), (b), as well as to Discharge of a Firearm During a Crime of Violence in violation of 18 U.S.C. § 924(c). The charges stem from Holmes’s attempted robbery and shooting of an undercover law enforcement officer in November 2021. United States District Court Judge Thomas O. Rice, who presided at today’s hearing, set sentencing for June 21, 2023.
According to court documents and information disclosed at court proceedings, in early November 2021, a Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) Confidential Informant reported that Holmes, who is a documented Sureno gang member and uses the alias “Whispers,” was looking to obtain a firearm to conduct future strong-arm robberies. The informant arranged for Holmes to contact an undercover ATF agent so Holmes could purchase a firearm from the agent. ATF intended to sell Holmes an in operable firearm and then arrest him. The same day, a second ATF confidential informant advised ATF that Holmes contacted the second informant to obtain a firearm.
On November 5, 2021, Holmes agreed to meet the undercover ATF agent at the Motel 6 parking lot in Spokane to purchase the firearm. Holmes had offered to pay the undercover agent approximately one ounce of methamphetamine in exchange for the firearm, instead of U.S. Currency.
Holmes arrived at the Motel 6 as scheduled, driving a Dodge Charger. Holmes’s co-defendants, Vincent Petrushkin and William Huntington Burns, who are also Sureno gang members, were inside the Dodge Charger with Holmes. Before Holmes’s got out of the car, Burns provided Holmes with a firearm, which later was identified as a Glock Model 17 9mm semi-automatic handgun, as “protection” during the transaction with the undercover agent. Holmes then exited the Charger and got into the front passenger seat of the undercover ATF agent’s vehicle. During the transaction, the undercover agent expressed concerns to Holmes about conducting the transaction at that location given that Holmes arrived with two additional individuals in his car. The undercover agent then asked to move the transaction to a nearby parking lot, away from the two men in the Dodge Charger.
Holmes responded that he would “tell the homies” and started to get out of the undercover agent’s vehicle. Holmes, however, stopped short of fully exiting the vehicle. Instead, Holmes re-entered the vehicle, pulled out the Glock Model 17 9mm semi-automatic handgun, pointed the gun at the undercover agent’s head, and demanded the firearm the undercover agent was going to sell him. The undercover agent, who was in reasonable apprehension of immediate bodily harm, advised Holmes the firearm was in the back of the car. Holmes then fully exited the undercover agent’s vehicle and ran around to the back of the car to obtain the firearm. When Holmes did so, the undercover agent exited the vehicle and directed Holmes to drop the gun. Rather than drop his firearm, Holmes repeatedly discharged the Glock Model 17 9mm semi-automatic handgun at the undercover agent, striking the agent multiple times, and causing the agent serious and permanent bodily injury. The undercover agent returned fire, striking Holmes a number of times. ATF surveillance agents quickly arrived at the scene and rendered life-saving aid to Holmes before he and the undercover agent were transported to the hospital. At the hospital, emergency room personnel located approximately 1 ounce of methamphetamine in Holmes’s jacket pocket.
Codefendants Petrushkin and Burns have both previously pled guilty to federal offenses related to this incident and are pending sentencing. Petrushkin pled guilty on April 1, 2022 to being a Felon in Possession of a Firearm, in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2). Burns, who was not a felon at the time of this incident, pled guilty to Transfer of a Firearm to a Prohibited Person, in violation of 18 U.S.C. §§ 922(d), 924(a)(2) on March 1, 2023. Both codefendants are pending sentencing.
At the time of this incident, Holmes was on federal supervised release stemming from a 2019 conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2). Holmes also was on Washington State Department of Corrections community custody supervision from an unrelated state felony conviction. At today’s hearing, as part of his plea agreement, Holmes admitted to all pending violations of his federal supervised release. Holmes will be sentenced for that conduct on June 21, 2023 as well.
“This tragic case demonstrates the danger and violence that too frequently occurs when convicted felons possess firearms and engage in illegal drug trafficking,” stated U.S. Attorney Waldref. “I am grateful for the exceptional courage and bravery of law enforcement officers, who put their personal safety at risk to protect our community, and I commend the ATF agents involved for their exceptional professionalism in rendering life-saving aid to Mr. Holmes before he could be treated at a hospital. Our community is stronger as a result of these agents’ tremendous service.”
ATF Resident Agent in Charge Sterling Nixon stated, “Our agents put their lives on the line every day to keep our community safe. When one of our agents was tragically shot in November 2021, the law enforcement community, including state, local, and federal agencies came together to investigate and prosecute this case. We’re grateful for the combined efforts to seek justice on behalf of our colleague and friend.”
“Mr. Holmes shot and seriously injured a federal law enforcement agent in an attempted robbery,” said Richard A. Collodi, Special Agent in Charge of the FBI’s Seattle field Office. “Every day, the brave law enforcement officers in Washington state and across the country face dangerous situations to keep our communities safe. This case demonstrates the consequences of attacking law enforcement personnel. An attack on a law enforcement officer is an attack on the rule of law, and an attack on our community.”
This case has been investigated by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Spokane Police Department. This case is being prosecuted by Assistant United States Attorneys Caitlin Baunsgard and Patrick Cashman.
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Spokane Man Sentenced to 42 Months for Failing to Register as a Sex Offender and Violating SupervisionRead the Press Release
Spokane – On March 8, 2023, U.S. District Judge Thomas O. Rice sentenced Jason Cory Moore, 42, of Spokane, Washington, to 30 months in federal prison for Failure to Register as a Sex Offender. Moore pleaded guilty on September 14, 2022. Judge Rice also ordered Moore to serve an additional 12 months in prison for Moore’s eight violations of supervised release in a related case. In total, Moore will serve 42 months in federal prison; he also will serve an additional five years on federal supervision after Moore is released from prison.
According to court documents, Moore was convicted of Attempted Sexual Abuse 1 in Oregon in 2011, for having victimized a five-year old girl. As a result, Moore is federally required to register as a sex offender for fifteen years. Moore has since been convicted of failing to register twelve times. Court documents indicate that most recently, after being released from prison and registering in Washington in August 2021, Moore left his Airway Heights residence and travelled to Oregon, where he was eventually arrested in March 2022. Moore had twice been contacted by law enforcement in Oregon; both times Moore used his brother’s name in an effort to avoid arrest. At no time after relocating to Oregon did Moore update his sexual offender registration or register in any state.
United States Attorney for the Eastern District of Washington, Vanessa R. Waldref, noted that Moore’s total 42-month sentence reflects both Moore’s history as a repeat violator and the seriousness of his crime. “The Sex Offender Registration and Notification Act exists for a reason, as well as, similar state laws requiring registration of those who commit sexual crimes like the one for which Moore was previously convicted. Offenders who choose to disobey their registration requirements will be prosecuted to the fullest extent of the law,” said U.S. Attorney Waldref.
United States Marshal for the Eastern District of Washington Craig Thayer stated, “The requirement that is placed on sexual offenders to register is an essential element in order to best protect our communities. The public is afforded this added level of protection when requirements to register are followed by those who have been ordered to comply with such requirements. When an individual ignores this requirement not only once, but numerous times, and goes to extraordinary lengths to avoid accountability, a lengthy sentence, such as the one handed down by U.S. District Judge Thomas O. Rice, underscores the seriousness of the offense.”
This case was investigated by the United States Marshals Service and prosecuted by Ann T. Wick, Assistant United States Attorney for the Eastern District of Washington.
2:22-CR-090-TOR
Richland Man with Extensive Criminal History Sentenced to 12 Years in Prison After Shooting A Person and Conspiring to Distribute Fentanyl-Laced Pills in Tri-CitiesRead the Press Release
Richland, Washington – On March 8, 2023, Senior United States District Judge Edward F. Shea
sentenced Jonathan Scott Ard, 30, of Richland, Washington, to 12 years in in federal prison after
his guilty plea to federal fentanyl and gun charges. Ard will also serve 5 years of federal
supervision after he is released from custody. During the sentencing hearing, Judge Shea noted
Ard’s long criminal record, which began when he was 14 years old and includes a significant
history of crimes of violence. Judge Shea also expressed concern about the fact that Ard was
under the supervision of the Washington Department of Corrections when he engaged in his
current misconduct.According to information disclosed during court proceedings, the investigation began in
December 2020 when Ard was in his car smoking a fentanyl-laced pill and in possession of
distribution quantities of fentanyl and a loaded firearm. Another person approached Ard’s car,
and Ard – acting in what a different court concluded was self-defense – got out of his car and
shot the person in the leg. Ard then retrieved drug-related items from the car and went into his
house; he neither alerted authorities nor sought emergency aid for the person he had just shot.
To the contrary, he soon came back outside to retrieve more items from his car, and simply
walked past his victim, who was laying on the ground after being shot by Ard. Ard then
barricaded himself inside from law enforcement before eventually surrendering. When law
enforcement officers searched Ard’s home, they recovered approximately 500 fentanyl-laced
pills and the gun Ard had used in the shooting.Ard went into custody on state charges but continued to conspire with other people to distribute
fentanyl from inside the jail. He was released from state custody and was arrested again after
fleeing from law enforcement at a motel in Richland in March 2021. When he was arrested the
second time, Ard had a loaded gun with him, along with another approximately 400 fentanyl-laced
pills, a distribution quantity of heroin, and drug paraphernalia. Law enforcement officers
searched Ard’s cellular telephone and recovered additional drug-related evidence and numerous
pictures and social media posts by Ard idealizing his criminal lifestyle.Fentanyl is the new face of the opioid epidemic and the leading cause of overdose deaths across
the country. According to DEA, in 2021 there was enough lethal fentanyl seized to kill every
single American in the United States. Based on DEA lab confirmations, 6 in every 10 fentanyl
laced pills contain a lethal dose. In Benton and Franklin Counties, the rate of overdose deaths increased to a high of 23 people per 100,000 in a year in 2020, or about 70 deaths in 2020, an
increase in a year of more than 100%. Department of Health records from Spokane County
show over an 186% increase in fentanyl-related overdoses between 2020 and 2021 and a 1233%
increase in fentanyl-related overdoses in the four-year period between 2017 and 2021.
Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington,
commended the joint efforts of law enforcement: “Drug distribution and gun violence are a
scourge in the Tri-Cities and elsewhere. It is particularly disheartening that an offender with an
extensive criminal history – who had already shot another person while in possession of
distribution quantities of fentanyl – was released pending trial, only to continue possessing
loaded firearms and additional fentanyl for distribution.”U.S. Attorney Waldref continued: “I commend the collaborative efforts of the Richland Police
Department, DEA, FBI, and LEAD Task Force, who work together seamlessly to keep Eastern
Washington safe and strong. The people in this community are also incredibly fortunate to be
represented in federal court by Assistant United States Attorney Stephanie Van Marter, who
spearheads federal drug prosecutions in the Tri-Cities and elsewhere.”“By leveraging our law enforcement partnerships, we were able to remove Mr. Ard from the
community where he has repeatedly distributed deadly fentanyl-laced pills and presented
significant danger to the community through his violent actions,” said Jacob D. Galvan, Acting
Special Agent in Charge, DEA Seattle Field Division.“Even incarceration did not deter Mr. Ard from conspiring to distribute fentanyl and continue a
lifestyle of lawlessness,” said Richard A. Collodi, Special Agent in Charge of the FBI’s Seattle
field office. “Additionally, he’s an offender who has proven his willingness to use violence. For
the safety of our community, I hope significant time in federal prison will prevent him from
conducting other criminal activities and send a message about the commitment of the law
enforcement community to fight violence. This case highlights the work of the FBI and our
partners with the US Attorney’s Office, DEA, and Richland Police Department to stop the spread
of fentanyl.”This case was investigated by the Richland Police Department, the Drug Enforcement
Administration, the Federal Bureau of Investigation, and the Law Enforcement Against Drugs
Task Force in the Tri-Cities. This case was prosecuted by Assistant United States Attorney
Stephanie Van Marter.4:21-CR-6008-EFS
Inchelium Woman Sentenced to Federal Prison for Drinking and Driving Resulting in Spokane Teenager’s DeathRead the Press Release
Spokane, Washington – Senior U.S. District Court Judge Rosanna Malouf Peterson sentenced Emmalena Ann Michel, age 35, of Inchelium, Washington, to 60 months in federal prison for Involuntary Manslaughter and Assault Resulting in Serious Bodily Injury stemming from a drinking and driving incident that occurred in October 2021 on the Colville Reservation. Judge Peterson also imposed 3 years of federal supervised release. Michel pled guilty to both offenses earlier this year.
According to court documents and proceedings, on October 23, 2021, officers with the Colville Tribal Police Department responded to a traffic collision wherein two minors had been struck by a drunk driver in a Tundra truck driven by Emmalena Ann Michel. The first victim was a 13-year-old female, and the second victim was a 15-year-old male. The female child was transported by helicopter to Sacred Heart Medical Center where her considerable injuries were treated. The male victim was pronounced deceased at the scene. Michel struck another vehicle after hitting the teenagers spinning the second vehicle 180 degrees. Michel then exited the truck and fled on foot.
A 10-year old witness saw Defendant exit the Tundra and say, “I’m sorry,” before running from the scene. The 10-year old noted Defendant smelled of alcohol, another witness stated he was driving behind the Tundra, but had fallen back from the Tundra because the driver seemed to be drunk and was driving down the middle turn lane.
Washington State Patrol prepared a collision synopsis indicating the Tundra was traveling at a rate of speed over 46 miles per hour (in a 25 mile per hour zone), when Michel struck the children. The Tundra was searched and found to have alcohol containers inside.
Later that same evening, Michel turned herself into law enforcement. She provided a breath sample that showed her blood alcohol content to be above the legal limit.
At sentencing, the female victim noted her continued pain. She also described a metal rod in her right femur bone and a metal plate in her right forearm. But worst of all, she lost her best friend, the male child involved in the accident.
The deceased child’s mother stated losing her son “is beyond anything I have ever endured. The pain has not subsided, and it never will.”
In pronouncing today’s sentence, Senior Judge Peterson emphasized the seriousness of the offense and the impact on the Colville Community, stating, “This is a very tragic situation. The offense is significant, and the impact is significant.” Speaking directly to Ms. Michel, Senior Judge Peterson added, “Whether or not you intended this damage, you did this. You have been stopped by law enforcement repeatedly for drinking and driving. While you cannot change what happened, you can change yourself.” While recognizing Ms. Michel’s remorse for what she had done, Senior Judge Peterson, emphasized, “If you cannot control the alcohol, you should never drive again.”
At sentencing, Michel apologized to the victims noting, ““I want everyone to know how bad I feel for taking a life. My deepest sympathy goes out to everyone involved.” She continued, “I never should have been behind the wheel at that time . . . I have shame and guilt that will remain with me forever.”
“No sentence can heal the pain the family will continue to feel from the tragic loss of this 15 year old boy,” U.S. Attorney Vanessa R. Waldref stated. “However, it is important that our whole community see such reckless actions come with very serious consequences, and we will continue to hold accountable those who engage in criminally reckless violence in our community.”
“It’s sad how many people’s lives were affected by Ms. Michel’s decision to drive impaired that day” said Richard A. Collodi, Special Agent in Charge of FBI’s Seattle field office. “The actions of Ms. Michel were particularly deplorable and tragically ended the life of one child and severely affected the life of another. Rest assured the FBI is committed to holding offenders like Ms. Michel accountable for their actions.”
The case was investigated by the Colville Tribal Police Department, Washington State Patrol, and the Federal Bureau of Investigation. Retired Assistant United States Attorney Joseph H. Harrington indicted the case. Assistant United States Attorney Alison L. Gregoire, who also serves as the Criminal Chief for the Eastern District of Washington, represented the United States at today’s sentencing.
2:22CR00049-RMP-1
Washington Man Sentenced to Life in Prison for 2019 Murder of Alillia MinthornRead the Press Release
Yakima, Washington – Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, announced today that Jordan Everett Stevens, age 31 of Wapato, Washington was sentenced by Chief District Judge Stanley A. Bastian for the 2019 murder of Alillia “Lala” Minthorn. Stevens was sentenced to life imprisonment.
Following today’s sentencing, U.S. Attorney Waldref stated, “the execution and murder of this young indigenous woman was horrific. It is the obligation of law enforcement and the United States Attorney’s Office to seek justice for all victims and their family members. Not everyone who suffered a loss in this case will be able to find solace despite the lifetime of imprisonment that was handed down today, and our hearts go out to Ms. Minthorn’s family.”
According to court documents and evidence elicited at trial, on May 3, 2019, a family member reported that Ms. Minthorn was missing. She was last seen in the Toppenish area, getting into a car. Approximately two weeks later, an eyewitness informed the FBI that Stevens shot and killed Ms. Minthorn in the closed portion of the Yakama Nation Indian Reservation, north of Brownstown, Washington. The witness told investigators she and another woman were present when Stevens killed Ms. Minthorn. FBI Special Agents and Yakama Nation Police Department officers searched the area described by the witness; however, because the area was remote and vast, Ms. Minthorn’s body was not found at that time. On May 29, 2019, the witness led agents to Ms. Minthorn’s body. An autopsy later confirmed that Ms. Minthorn had been killed by a single gunshot to the head.
The trial of Jordan Stevens began on June 7, 2021, and the jury returned a guilty verdict on June 10, 2021. Stevens was found guilty of one count of First-Degree Murder and one count of Brandishing a Firearm in Furtherance of a Crime of Violence.
At today’s sentencing, Chief Judge Stanley Bastian, who presided over the jury trial, stated that Stevens made “the decision to execute Alillia Menthord – a decision that [he] has to live with and a decision that [he] will have to pay for.” In pronouncing Stevens’s sentence, Chief Judge Bastian then expressed his heartfelt sorrow to the family of the victim and explaining that Stevens “victimized and hurt an entire community.”
U.S. Attorney Waldref commended the efforts of the investigators and prosecutors who worked to bring justice to the victims of Stevens’s crimes. U.S. Attorney Waldref stated, “This sentence demonstrates that those who victimize members of our community will be held accountable and punished to the full extent of the law. However, a lengthy sentence in this case cannot substitute for the tragic loss of the life of this young woman. As a result of today’s sentence, the Eastern District of Washington is safer and more secure. I am grateful for the dedication and perseverance of the FBI and the Yakama Nation Tribal Police, who worked closely with Assistant United States Attorneys Ben Seal and Rick Burson to see this case through.”
“Life in prison is not a sentence we see often” said Richard A. Collodi, Special Agent in Charge of the FBI’s Seattle field office. “While no sentence will undue the crimes perpetrated by Mr. Stevens, it will prevent him from victimizing anyone on the Yakama Reservation again. I appreciate the work of our investigators and partners, who too often have to respond to scenes of violence like this.”
This case was investigated by the Federal Bureau of Investigation, the Yakama Nation Tribal Police, Washington State Highway Patrol, the Klickitat County Sherriff’s Department, and the Columbia River Inter-Tribal Police Department. The case was prosecuted by Ben Seal and Rick Burson, Assistant United States Attorneys for the Eastern District of Washington.
1:19-cr-02038-SAB
Phoenix Man Sentenced to 30 Years in Federal Prison for Sexual Exploitation of 12-Year-Old from Spokane AreaRead the Press Release
Spokane, Washington – On February 16, 2023, United States District Court Judge Thomas O.
Rice sentenced Miguel Antonio Mondaca, 25, of Phoenix, Arizona, to 360 months in federal
prison following a jury’s guilty verdicts on charges of Child Sex Trafficking, Online Enticement,
and Child Pornography Production and Receipt. Describing Mondaca’s victimization of a 12-
year-old girl in the Spokane area as “egregious,” Judge Rice also imposed a lifetime of federal
supervision upon Mondaca’s release from custody, and awarded the victim $30,000 in restitution
for therapy.According to court documents and proceedings, Mondaca, who lived in Phoenix, communicated
in extremely graphic sexual ways with his minor victim, who was in the Spokane area. After
learning her true name and the fact that she was a minor, Mondaca convinced his victim to
disclose exactly where she lived, and created a detailed plan to kidnap her from her home in
order to rape and traffic her. He explained to her exactly how child sex trafficking “works,”
telling her that he would advertise her online to “customers” for sex and then take her to a “spot”
and leave her there to be sexually assaulted.In connection with his plans, Mondaca bought a plane ticket from Phoenix to Spokane, posted
images of his itinerary online, and told his minor victim that he was coming to kidnap and rape
her on the specific dates of his planned travel. When officers with the Washington State Patrol
and Homeland Security Investigations learned that Mondaca had purchased the plane ticket to
travel to Spokane, they sought a nationwide extraditable warrant for his arrest. Officers in
Spokane worked closely with their law enforcement colleagues in Phoenix to obtain and execute
search warrants for Mondaca’s residence. In his digital devices, officers recovered the images
and communications he had solicited from his primary victim. They also discovered a large
collection of other child pornography images that Mondaca had downloaded from the Internet,
including images depicting bestiality, the sexual abuse of toddlers, and other sexual violations of
children.“As a parent, I am chilled by the manipulative and exploitative conduct for which Mr. Mondaca
has now been convicted by a jury and sentenced by the Court,” said United States Attorney
Vanessa R. Waldref. “My office takes sexual exploitation extremely seriously, whether online or
in-person. Children in the Eastern District and elsewhere deserve to live in a world free from
sexual predators. Today’s significant sentence will protect our community, and send a message
to those who seek to harm children: justice is coming.”U.S. Attorney Waldref also praised the collaborative efforts of state, local, and federal law
enforcement. “This investigation was successful because of the incredibly diligent teamwork of
Washington State Patrol and Homeland Security Investigations, with assists from the Phoenix
Police Department and numerous other law enforcement agencies. I commend Assistant United
States Attorneys Alison Gregoire and Ann Wick, who tried the case to the jury with
professionalism and sensitivity for the victim and her family. I also commend Assistant United
States Attorney and Project Safe Childhood Coordinator David Herzog, who presented the
indictment to the grand jury and handled today’s sentencing on behalf of the United States.
Finally, I sincerely thank Jolene Jones and Petra Frandsen, the U.S. Attorney’s Office’s victim
witness specialists, for their tireless work on behalf of the victims of crime, in this case and so
many others.”The case was investigated by Washington State Patrol, Homeland Security Investigations, and
the Phoenix Police Department. Assistant United States Attorneys Alison Gregoire, Ann Wick,
and David Herzog represented the United States.2:21CR00130-TOR-1
Department of Justice Announces More than $5.2 Million in Grant Award to Improve State Enforcement of Protection Order Laws and Reduce Gun ViolenceRead the Press Release
Spokane, Washington – Vanessa R. Waldref, United States Attorney for the Eastern District of Washington, today announced a $5,245,397 Department of Justice grant to the Washington State Department of Commerce. The grant award will be used to implement the Byrne State Crisis Implementation Program for the state of Washington. This award will support state, local, and tribal efforts across the state to improve the implementation and enforcement of protection order laws and practices that can keep firearms out of the hands of those who pose a threat to themselves or others.
The funding has been authorized by the Bipartisan Safer Communities Act, which the President signed into law in June 2022. The Bipartisan Safer Communities Act is the most significant piece of federal gun safety legislation in almost three decades and comes as a response to recent mass shootings and to the far more common, but no less tragic, incidents of community gun violence. Including the Byrne State Crisis Intervention Program, the law allocates a total of $1.4 billion to OJP over five years to develop, implement, and sustain meaningful investments in safer communities.
With the announcement of today’s award, U.S. Attorney Waldref stated, “The United States Justice Department is committed to supporting state laws designed to curb gun violence and enforce protection orders.” She continued, “The $5.2 million award to Washington State will help save lives, keep children and law enforcement safe, and protect our families and communities from needless acts of gun violence.
Nationally, the Department of Justice announced over $231 million in state crisis intervention as part of the Bryne State Crisis Intervention Program. For a full list of awards, please visit: https://data.ojp.usdoj.gov/stories/s/O-BJA-2023-171458/b5xz-as5z/. These awards are the latest effort from the Department of Justice’s Office of Justice Programs to implement this historic legislation.
The Bureau of Justice Assistance (BJA) administers the Byrne State Crisis Implementation Program. BJA was created in 1984 to reduce violent crime, create safer communities, and reform aspects of our criminal justice system. BJA works with communities, governments, and nonprofit organizations to reduce crime, recidivism, unnecessary confinement, and promote a safe and fair criminal justice system. More information about BJA is available at https://bja.ojp.gov/about. Information specific to the Byrne State Crisis Implementation Program is available at https://bja.ojp.gov/program/byrne-scip/overview.
Additional information about grants and funding through the U.S. Department of Justice Office of Justice Programs is available at https://www.ojp.gov/.
Spokane Resident Pleads Guilty to Fraudulently Obtaining More Than $50,000 in COVID-19 Relief FundsRead the Press Release
Spokane, Washington – Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, announced today that Natasha Ann Opsal, 41, of Spokane, Washington, has pleaded guilty to felony charges of fraudulently obtaining more than $50,000 in COVID-19 relief funds. This conviction is the most recent obtained by the COVID-19 Relief Fraud Strike Force Strike Force, which has brought criminal charges against numerous individuals and recovered millions of dollars in fraudulently obtained COVID relief funding.
On March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. The CARES Act provided a number of programs through which eligible small businesses could request and obtain relief funding intended to mitigate the economic impacts of the pandemic for small and local businesses. One such program, the Paycheck Protection Program (PPP), provided government-backed loans to small businesses which could be forgiven so long as the proceeds were used for payroll and other eligible expenses. Another program, the Economic Injury Disaster Loan (EIDL) program, provided low interest loans that could be deferred until the conclusion of the pandemic to provide “bridge” funding for small businesses to maintain their operations during shutdowns and other economic circumstances caused by the pandemic. The PPP and EIDL programs have provided billions of dollars in aid, the vast majority of which have not been paid back, including hundreds of millions of dollars disbursed within Eastern Washington.
“COVID-19 relief programs were designed to lift up our community during crisis, and due to the number of people and businesses that requested funding, some deserving small businesses were not able to obtain funding to keep their businesses in operation,” said U.S. Attorney Waldref. “We created the Strike Force to ensure that those who misused COVID-19 relief funding are held accountable and to protect the strength and safety of our vital small business community.”
In February 2022, U.S. Attorney Waldref and the U.S. Attorney’s Office (USAO) began working with federal law enforcement agencies to create and launch a COVID-19 Fraud Strike Force that would leverage partnerships between different agencies to aggressively investigate and prosecute fraud against COVID-19 relief programs in Eastern Washington. The Strike Force consists of agency representatives from the USAO, Small Business Administration (SBA) Office of Inspector General (OIG), Federal Bureau of Investigation (FBI), U.S. Department of the Treasury Inspector General for Tax Administration (TIGTA), U.S. Secret Service, U.S. Homeland Security Investigations, U.S. Department of Veterans Affairs OIG, General Services Administration OIG, Department of Homeland Security (DHS) OIG, Internal Revenue Service,
Department of Energy OIG, and others.According to court documents and information disclosed during court proceedings, Opsal fraudulently obtained over $50,000 in COVID-19 relief funding through three PPP loans she obtained in the spring of 2021 for a purported car detailing business. Opsal acknowledged she devised a scheme to defraud the SBA and made false representations about the purported business in order to obtain COVID-19 funding. Opsal pleaded guilty to wire fraud, which carries a maximum sentence of up to 20 years.
“I commend the stellar investigative work on these cases performed by the Strike Force and especially in this case by SBA OIG, U.S. Secret Service, and DHS OIG” said U.S. Attorney Waldref. “We will continue to work together with our law enforcement partners to vigorously prosecute those who abuse and misuse COVID-19 relief funding, and to strengthen our communities by protecting our small and local businesses.”
“Individuals making false statements to fraudulently obtain pandemic funds will face justice,” said SBA OIG’s Western Region Special Agent in Charge Weston King. “Our Office will remain relentless in the pursuit of fraudsters who seek to exploit SBA’s vital economic programs. I want to thank the U.S. Attorney’s Office and our law enforcement partners for their dedication and commitment to seeing justice served.”
Judge Thomas O. Rice accepted Opsal’s guilty plea and set sentencing for May 10, 2023, in Spokane.
This case was investigated by the Eastern District of Washington COVID-19 Fraud Strike Force and by the SBA OIG, U.S. Secret Service, and DHS OIG. Special Assistant United States Attorney Frieda K. Zimmerman, and Assistant United States Attorneys Dan Fruchter and Brian Donovan are prosecuting this case on behalf of the United States.
Case No. 2:22-CR-53-TOR
Arkansas, Washington Business Owners Indicted for Conspiring to Defraud COVID-19 Relief ProgramsRead the Press Release
Spokane, Washington – Today, Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, announced that a grand jury returned a Superseding Indictment charging Tyler Keith Andrews, age 37, of Bentonville, Arkansas, and Yuriy P. Anischenko, age 34, formerly of Spokane, with eleven counts of fraud in connection with a conspiracy to fraudulently obtain millions of dollars in COVID-19 relief funds intended for struggling businesses. The charges in the Superseding Indictment are the most recent announced by the Eastern Washington COVID-19 Fraud Strike Force, which was created in 2022 to combat fraud against COVID-19 relief programs in Eastern Washington.
On March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. The CARES Act provided a number of programs through which eligible small businesses could request and obtain relief funding intended to mitigate the economic impacts of the pandemic for small and local businesses. One such program, the Paycheck Protection Program (PPP), provided government-backed loans to small businesses which could be forgiven so long as the proceeds were used for payroll and other eligible expenses. Another program, the Economic Injury Disaster Loan (EIDL) program, provided low interest loans that could be deferred until the conclusion of the pandemic to provide “bridge” funding for small businesses to maintain their operations during shutdowns and other economic circumstances caused by the pandemic. The PPP and EIDL programs have provided billions of dollars in aid, the vast majority of which have not been paid back, including hundreds of millions of dollars disbursed within Eastern Washington.
“COVID-19 relief programs quickly ran out of money due to the number of people and businesses that requested funding, which meant that some deserving small businesses could not obtain funding to keep their businesses open during the COVID-19 pandemic,” said U.S. Attorney Waldref. “We created the COVID-19 Fraud Strike Force because it is critical to the strength and safety of our community in Eastern Washington that we all work together to combat pandemic-related fraud. Our dynamic Strike Force is ensuring that limited resources are provided to deserving local businesses that provide vital services for our communities.”
In February 2022, the U.S. Attorney’s Office began working with federal law enforcement agencies to create and launch a COVID-19 Fraud Strike Force that would leverage partnerships between different agencies to aggressively investigate and prosecute fraud against COVID-19 relief programs in Eastern Washington. The Strike Force consists of agency representatives from the U.S. Attorney’s Office, Small Business Administration (SBA) Office of Inspector General (OIG), Federal Bureau of Investigation (FBI), U.S. Department of the Treasury Inspector General for Tax Administration (TIGTA), U.S. Secret Service, U.S. Homeland Security Investigations, U.S. Department of Veterans Affairs OIG, Department of Homeland Security OIG, Air Force Office of Special Investigations, General Services Administration OIG, Internal Revenue Service, Department of Energy OIG, and others. Cases investigated and prosecuted by the Strike Force have resulted in numerous indictments, convictions, and civil penalties, and have returned millions of dollars in fraudulently-obtained funds to the public.
The Superseding Indictment alleges that Andrews and Anischenko conspired with others to defraud COVID-19 relief programs by submitting fraudulent applications for funding for inactive businesses and by submitting false information. The Superseding Indictment further alleges that, as part of the conspiracy, Anischenko obtained more than $300,000, some of which he shared with Andrews, for two inactive and ineligible businesses. According to the Superseding Indictment, Anischenko recruited other co-conspirators for the scheme and connected them with Andrews, who then prepared and submitted fraudulent applications for the co-conspirators. The Superseding Indictment also alleges that Andrews submitted false and fraudulent COVID-19 funding applications for his own purported businesses. Finally, the Superseding Indictment charges Andrews with three counts of Aggravated Identity Theft for improperly using the name and identifying information of an Eastern Washington business owner to submit a fraudulent EIDL application, which the SBA did not approve. The Superseding Indictment alleges that the conspirators obtained millions of dollars through the fraud.
The fraud and conspiracy charges carry maximum sentences of up to 20 years in federal prison, while the identity theft charges carry 2-year mandatory sentences, which must be imposed consecutively to any sentences imposed on the fraud and conspiracy charges.
This case was investigated by SBA OIG, FBI, TIGTA, and the Strike Force. Assistant United States Attorneys Dan Fruchter and Tyler H.L. Tornabene are prosecuting the case on behalf of the United States.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
United States v. Anishchenko et al., Case No: 2-22-CR-0057-TOR
Spokane Woman Pleads Guilty to Failing to File Federal Income Tax ReturnsRead the Press Release
Spokane, Washington – Vanessa R. Waldref, United States Attorney for the Eastern District of Washington, announced that Rhonda Ackerman, age 54 of Spokane, Washington pleaded guilty to two counts of willfully failing to file federal income tax returns. Ackerman faces a maximum statutory penalty of a 1-year term of imprisonment, a $100,000 fine, followed by a 1-year term of supervised release, the payment of restitution and the costs of prosecution for each count of conviction.
According to court documents, in 2014, 2015 and 2016, Ackerman was employed as a liability claims technician at Spokane County Department of Risk Management. In each year, Ackerman willfully failed to file federal income tax returns reporting gross income. Court documents state the United States will recommend certain sentencing enhancements for Ackerman’s failure to report the source of income exceeding $10,000 in any year from criminal activity and using a minor to commit a crime and abusing a position of public trust. Ackerman can oppose such enhancements.
“Law abiding taxpayers fund critical services that keep our community safe and strong,” said U.S. Attorney Waldref. “Each of us is responsible for filing a tax return when required and for paying the correct amount of tax due. While working for Spokane County, Ms. Ackerman chose to ignore her duty to file and pay taxes and will now face the consequences. I’m grateful to the investigators who diligently investigate tax schemes like Ms. Ackerman’s and ensure that all taxpayers pay their fair share.”
“Ms. Ackerman’s actions hurts all Americans,” said IRS Criminal Investigation (CI) Special Agent in Charge Bret Kressin, “CI will continue its efforts to hold accountable those who feel they’re above the law in partnership with the United States Attorney’s office.”
Senior United States District Judge Rosanna Malouf Peterson will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Ackerman is scheduled to be sentenced on May 16, 2023, at 10:00 a.m. in Spokane, Washington.
In a separate prosecution in Spokane County Superior Court, Ackerman was convicted on one count of First Degree Theft. On January 4, 2023, she was sentenced in the state court matter to serve a year in state prison and required to repay Spokane County $1,378,541 in public funds, which she stole over a decade while employed as a liability claims technician.
This case was investigated by the Internal Revenue Service, Criminal Investigation, with the assistance of the Spokane Police Department. This case is being prosecuted by George J.C. Jacobs, III, Assistant United States Attorney for the Eastern District of Washington.
2:22-CR-22-RMP
30 Year-Old Yakama Man Sentenced to 10 Years Imprisonment for Brandishing a Firearm During and in Relation to a Crime of ViolenceRead the Press Release
Yakima, Washington – Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, announced that James Skahan-Lowe, age 30, was sentenced today after having pleaded guilty on November 1, 2022, to Brandishing a Firearm During and in Relation to a Crime of Violence. Chief United States District Judge Stanley A. Bastian sentenced Skahan-Lowe to a 10-year term of imprisonment, to be followed by a 5-year term of court supervision after he is released from federal prison.
According to information in court documents and disclosed during court proceedings, Skahan-Lowe assaulted a male victim in Yakima, Washington on February 26, 2022. The victim had stopped on the side of the road to answer his cell phone. Skahan-Lowe saw the victim parked on the side of the road and confused him for someone else. Skahan-Lowe then parked behind the victim, got out of his car, and began arguing with the victim. Although the victim attempted to calm the situation down, Skahan-Lowe ultimately returned to his car and grabbed a rifle. Skahan-Lowe pointed the rifle at the victim and ordered him to get on the ground. The victim refused and attempted to run away. Skahan-Lowe chased the victim and then began hitting him with the rifle.
After assaulting the victim, Skahan-Lowe drove away from the area. Skahan-Lowe and another person returned to the crime scene a few minutes later. An unknown person then stole the victim’s car. Law enforcement arrived and provided the victim with medical treatment. The victim’s car was recovered a short time later. At the time, Skahan-Lowe was on pretrial release in a separate state criminal case, charging Skahan-Lowe with viciously assaulting another victim and fracturing that victim’s skull with a mallet.
On February 2, 2023, Skahan-Lowe appeared for his sentencing hearing for brandishing a firearm during a crime of violence. The victim courageously spoke at the hearing and described how this violent crime has affected him and his family. Skahan-Lowe also made a statement at the sentencing hearing and apologized to the victim. Skahan-Lowe stated that he is a good person but was filled with rage during that time in his life. Chief Judge Stanley A. Bastian stated that he hoped that Skahan-Lowe was sincerely sorry for his actions. Chief Judge Bastian then advised that he has an obligation to protect the community and imposed a sentence of 120-months imprisonment to be followed by 5-years of court supervision.
U.S. Attorney Waldref commended the bravery of the victim in this case. She stated, “I commend the courage and bravery of the victim to come forward and speak about this horrific crime. My office has an amazing team of prosecutors as well as victim and witness advocates, who work closely and respectfully with victims to ensure their voices are heard and to seek justice. The United States Attorney’s Office will continue to aggressively prosecute those who perpetrate violence within the boundaries of the Yakama Nation. Everyone deserves to feel safe. By removing dangerous individuals from society, our neighborhoods and communities will be safer and stronger.”
“Senseless is the only word describing the crime committed by the defendant” said Richard A. Collodi, Special Agent in Charge of the FBI’s Seattle field office. “Mr. Skahan-Lowe violently assaulted the victim after a case of mistaken identity. The FBI and our partners will continue working to reduce violent crime on our state’s reservations and hold those who commit those crimes accountable.”
As set forth in court documents and proceedings, Skahan-Lowe has an extensive criminal history. In 2010, he was convicted of Residential Burglary and Vehicle Prowling. In 2011, he was convicted of Unlawful Possession of a Firearm. In 2014, he was convicted of First-Degree Possession of Stolen Property and Second-Degree Burglary. In 2016, he was convicted of Possession of a Stolen Vehicle. In 2017, he was convicted of Second-Degree Burglary. In 2018, he was convicted of Possession of a Stolen Vehicle. He was later convicted of First-Degree Burglary, Possession of a Stolen Motor Vehicle, and First-Degree Unlawful Possession of a Firearm.
This case was prosecuted under the Project Safe Neighborhoods (PSN) program. PSN is a federal, state, and local law enforcement collaboration to identify, investigate, and prosecute individuals responsible for violent crimes in our neighborhoods. The U.S. Attorney’s Office is partnering with federal, state, local, and tribal law enforcement to specifically identify the criminals responsible for violent crime in the Eastern District of Washington and pursue criminal prosecution.
This case was investigated by the Yakama County Sheriff’s Office, the Yakama Nation Police Department, and the Federal Bureau of Investigation. This case was prosecuted by Assistant United States Attorney Tom Hanlon.
1:22-CR-2079-SAB-1
Kennewick Man Sentenced to 42 Months in Federal Prison for Obstructing an Official Proceeding, Lying to the FBI, and Staging Automobile AccidentRead the Press Release
Spokane, Washington – Vanessa R. Waldref, United States Attorney for the Eastern District of Washington, announced that Ali Abed Yaser, age 52 of Kennewick, Washington, was sentenced after having pleaded guilty to conspiracy to obstruct an official proceeding, making false statements to the FBI, conspiracy to commit mail and wire fraud, conspiracy to commit healthcare fraud, and two counts of mail fraud. United States District Judge Mary K. Dimke sentenced Yaser to a 42-month term of imprisonment, to be followed by a 3-year term of court supervision after he is released from federal prison. Judge Dimke also ordered Yaser to pay restitution in the amount of $126, 990 and forfeiture of $19,978. At sentencing, Judge Dimke observed that Yaser engaged in a “concerted and dedicated effort to undermine the credibility of” the FBI and his actions “undermined the reputation of that agency and the community’s ability to have trust and faith in the justice system as a whole.”
According to court proceedings, in February 2019, the FBI opened an official investigation into allegations that Yaser and others were involved in a scheme to defraud insurance companies and obtain money and property by staging automobile accidents, and filing false and fraudulent claims with insurance companies. As part of the investigation, the FBI used a confidential human source (CHS) who covertly recorded conversations with individuals suspected of being involved in the staged accident scheme. The CHS provided information to the FBI regarding violations and suspected violations of the Federal criminal laws.
In May 2020, the FBI executed warrants to search residences in Washington and California for evidence of federal crimes. Shortly afterward, Yaser told the CHS to be careful because Yaser suspected someone was an FBI informant. Yaser told the CHS that he learned that the individual Yaser suspected was an FBI informant recently visited the CHS. Yaser admonished the CHS for not calling him when that individual visited the CHS. Yaser told the CHS he would have come to his residence, closed the garage door, shut off the security system cameras, and killed the individual Yaser suspected was the FBI informant. Yaser added, “they would not have recognized his face from his foot.” Yaser encouraged the CHS to call the person Yaser thought was the FBI informant and to convince the person to meet with Yaser at his residence.
A few days later, Yaser met with the CHS and discussed his plan to file a false, fictitious, and fraudulent complaint against the FBI case agent and the suspected FBI informant. Yaser also sought to persuade others to support his plan to make false allegations against the FBI case agent and the other individual. Yaser stated, “When we make [the suspected informant] wear the handcuffs, we will be sending him away from the field, keep him on the sideline.” Yaser also stated, “After I screw [the suspected informant], a week later I would go to [the FBI] again and say to them, Protect me. Protect my children. I need protection for myself and my children, and that Al-Mahdi Army militias are threatening my family in Iraq. I would put [the suspected informant] in such a mess he would never get out of.”
Yaser instructed the CHS to audio record the suspected informant so Yaser could tamper with the recording and play a tampered version for police. Yaser told the CHS, “I want to record his words. There are words I want to pick out. So, If I am at a spot, I will play them to the police. I would say when he came to me here, I became afraid and thought he must have something bad, and I was afraid of him, and I put the recorder for him.”
In late August 2020, Yaser discussed fabricating a story for local local police and the FBI to further his scheme to discredit the case agent and the individual Yaser suspected was an FBI informant. Yaser’s plan was to make them unavailable as witnesses, to get the FBI agent removed from the case and to impede proceedings against Yaser. Yaser stated in sum and substance, “We will file a complaint with the police and the police will forward it to [FBI]” and “[t]he police will turn it upside down on them, it won’t take half an hour and it would reach them.”
In September 2020, when interviewed by FBI, Yaser and codefendant Mohammed Naji Al-Jibory falsely accused the FBI case agent and the individual they suspected of being an FBI informant of soliciting approximately a $20,000 bribe from Yaser to make the case go away. In doing so, Yaser and Al-Jibory engaged in misleading conduct toward the FBI agents with the intention of hindering, delaying, and preventing communication to these officers and a federal judge of information relating to the commission and possible commission of federal crimes. Yaser and Al-Jibory also attempted to corruptly obstruct, influence, and impede, and attempt to obstruct, influence, and impede an official proceeding, that is, a federal grand jury proceeding and the federal criminal case against him.
Vanessa R. Waldref, United States Attorney for the Eastern District of Washington said, “Staged accidents make our streets dangerous and distract police from responding to legitimate distress calls. Moreover, efforts to hinder federal criminal proceedings will not be tolerated. We will continue to work closely with out federal and state law enforcement, and private industry, partners to investigate fraud schemes. I am grateful to the tremendous investigative agents and Assistant United States Attorney George Jacobs, who spent substantial time and resources to ensure that our community continues to be safe and strong, and that individuals who perpetrate these types of complex schemes are held accountable.”
“When faced with the discovery of his fraud scheme, Mr. Yaser doubled down,” said Richard A. Collodi, Special Agent in Charge of the FBI’s Seattle field office. “Despite his efforts to discredit law enforcement, the full extent of his crimes was revealed and thwarted. I am thankful for the hard work of our investigators and partners to hold Mr. Yaser accountable for his actions.”
This case was investigated by the Federal Bureau of Investigation, the United States Department of Health and Human Services, Office of Inspector General, and the Internal Revenue Service, Criminal Investigation, with the assistance of the National Insurance Crime Bureau. This case is being prosecuted by George J.C. Jacobs, III, Assistant United States Attorney for the Eastern District of Washington. Dominique J. Park, a former Assistant United States Attorney for the Eastern District of Washington, also participated in the investigation and indictment of this case.
4:21-CR-6042-MKD-1
21 Year-Old Moxee Gang Member Sentenced to 12 Years in Federal Prison for Possessing Firearms in Furtherance of a Drug Trafficking CrimeRead the Press Release
Yakima, Washington – On January 24, 2023, United States District Judge Mary K. Dimke
sentenced Alexis Sanchez-Gomez, 21, of Moxee, Washington, to 12 years in federal prison after
his guilty plea to Possession of Firearms in Furtherance of a Drug-Trafficking crime. Sanchez-
Gomez, a documented member of the Lower Valley Locos (“LVL”) street gang, will also begin
five years of court supervision after he is released from custody.According to information disclosed during court proceedings, on October 21, 2021, there was a
gang related drive-by shooting in the City of Yakima. A 34-year old man was killed while
simply walking down the sidewalk wearing red colored clothing. As in communities up and
down the West Coast, the color red is associated with some Norteno street gangs in the Yakima
Valley, while the color blue is associated with some Sureno street gangs. The Yakima Police
Department immediately began an investigation. Law enforcement gathered evidence that
established that the shooter was likely a member or associated with a Sureno street gang. As the
investigation progressed, the lead detective discovered that after the drive-by shooting, the
shooter fled to Sanchez-Gomez’s residence in Moxee, Washington. The Yakima Police
Department coordinated with the Moxee Police Department and gathered additional information.On November 19, 2021, the Yakima Police Department and other law enforcement agencies
executed a search warrant at the Sanchez-Gomez residence. Officers entered the residence and
discovered a marijuana grow operation and a quantity of methamphetamine. Officers entered the
Defendant’s bedroom and observed that it was decorated with gang-related graffiti. The officers
also discovered three firearms, including an AK-47 style rifle. As the search continued, the
officers discovered magazines and ammunition. DEA was contacted and began an investigation,
which revealed that Sanchez-Gomez had been selling methamphetamine. DEA also discovered
that Sanchez-Gomez had repeated contacts with law enforcement in recent years. The DEA
discovered that in October 2019, Sanchez-Gomez attempted to elude a police vehicle and was
involved in a hit-and-run. Two months later, in December 2019, Sanchez-Gomez was again
arrested after being found in possession of a firearm. In September 2020, Sanchez-Gomez was
sentenced to 90 days in jail for the three felony offenses.Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington,
commended the joint efforts of law enforcement: “Gang-related violence is a scourge in the
Yakima Valley and elsewhere. My office will continue to work with law enforcement professionals from multiple agencies to investigate and prosecute armed individuals who are
involved with drugs and criminal street gangs. Removing these individuals from society will
make all of our neighborhoods and communities safer and stronger.”According to DEA, the drive-by shooting investigation was completed, and resulted in the
Yakima Police Department arresting both the suspected driver and suspected shooter. The cases
are currently pending in Yakima County Superior Court. “This investigation demonstrates how
seriously DEA takes its obligations to its state, local, and federal partners. We are committed to
bringing our investigative expertise whenever necessary against individuals who seek to harm
our communities,” said Jacob D. Galvan, Acting Special Agent in Charge, DEA Seattle Field
Division.Matt Murray, Chief of the Yakima Police Department, highlighted the close working relationship
between YPD, DEA, and the U.S. Attorney’s Office. “Meaningfully addressing violent crime –
and the drug and gun crimes that so often turn violent – requires a collaborative effort between
all of our local and federal partners. This case is just one example of the ways we work together
to reduce and address crime and improve the lives and safety of the people in this community.”
Chief Murray also urged anyone involved in lives of violence and crime to change what they are
doing: “STOP now. Take the assistance that is available through our community partners to
change your life. If you do not stop engaging in violence, we will engage to stop you. As this
case shows, the result may be a lengthy sentence in state or federal custody.”This case was prosecuted under the Project Safe Neighborhoods (PSN) program. PSN is a
federal, state, and local law enforcement collaboration to identify, investigate, and prosecute
individuals responsible for violent crimes in our neighborhoods. The U.S. Attorney’s Office is
partnering with federal, state, local, and tribal law enforcement to specifically identify the
criminals responsible for violent crime in the Eastern District of Washington and pursue criminal
prosecution.This case was investigated by the Yakima Police Department, the Moxee Police Department, and
the Drug Enforcement Administration. This case was prosecuted by Assistant United States
Attorney Tom Hanlon.1:22-CR-2012-MKD-2
Former Spokane Doctor Sentenced to Eight Years in Federal Prison After Paying Dark Web Hitmen $60,000 in Bitcoin to Kidnap Estranged Wife and Assault Former ColleagueRead the Press Release
Spokane – On January 24, 2023, Senior United States District Judge William Fremming Nielsen
sentenced Ronald Craig Ilg, 56, of Spokane, Washington, to 96 months in federal prison for
hiring hitmen on the dark web to kidnap and assault multiple victims. It was the highest sentence
available under the terms of Ilg’s plea agreement. In addition to ordering Ilg to spend eight years
in federal prison, Judge Nielsen ordered him to pay more than $25,000 in restitution and a
$100,000 fine. Ilg will also spend three years on federal supervision following his release from
prison. Judge Nielsen described Ilg’s conduct as “really egregious, and even evil,” and
highlighted that “not only were there numerous communications, you spent a lot of money to
hire these people to ensure what you asked them to do would be done.” Finally, Judge Nielsen
emphasized that Ilg’s crimes were all the more egregious given his career as a doctor: “A
doctor’s goal in life is to protect people, keeping people alive – not taking overt steps to do the
opposite.”According to court documents and information from the sentencing hearing, Ilg, a former
neonatologist in Spokane, transmitted dozens of messages in early 2021 through the dark web as
part of a plot to injure a former professional colleague and to have his estranged wife kidnapped.
Using the moniker “Scar215” and password “Mufassa$$” to conceal his identity, Ilg sent more
than $60,000 in Bitcoin in furtherance of his nefarious schemes.With respect to the first victim, Ilg directed the purported hitmen to assault a Spokane-area
doctor, specifying that the victim “should be given a significant beating that is obvious. It should
injure both hands significantly or break the hands.” As part of this scheme, Ilg paid more than
$2,000 in Bitcoin, sent the purported hitmen the victim’s address, and provided the hitmen with a
link to the victim’s picture. In followup messages, Ilg directed “I would like to see evidence that
it happened. If this goes well, I have another, more complicated job” for “[a]n entirely different
target with entirely different objectives.”Ilg also solicited purported hitmen to kidnap a second victim: his estranged wife. Specifically,
Ilg directed that she be kidnapped and injected with heroin – all so she would drop divorce
proceedings that were pending at the time and return to a failed relationship with Ilg. Even
though Ilg was subject to a no-contact order, he devised a bonus structure if the victim was in
fact kidnapped and certain goals were achieved. Ilg again promised the hitmen that he had
“other jobs worth quite a bit to accomplish in the near future. So, if all goes well, then we can
work together on a few other things also.” In all, Ilg paid more than $60,000 in Bitcoin so the
hitmen would kidnap this victim.After the FBI obtained copies of Ilg’s dark web messages, he also obstructed justice. First,
during a voluntary interview with the FBI, Ilg falsely claimed he paid the hitmen to kill him,
rather than his victims. Second, Ilg sent a letter to a key witness against him, begging the
witness to marry him so he could control whether she testified. He even offered to pay tuition for
the witness’s children to attend St. Aloysius Catholic School and Gonzaga Preparatory School.
Ilg also directed the witness to destroy evidence by burning Ilg’s letter. More recently, and after
pleading guilty to his crimes, Ilg sought “a book or movie deal” so that Ilg could obtain “a lot of
financial gain” from his crimes.“This case demonstrates how violent offenders exploit cyberspace and cryptocurrency to further
their criminal agendas,” said Vanessa R. Waldref, United States Attorney for the Eastern District
of Washington. “Mr. Ilg solicited and paid for multiple dark web hitmen to target the two
victims in this case. Mr. Ilg even stated he would target additional victims if the hitmen followed
through with the plan to harm these first two victims.” U.S. Attorney Waldref continued: “The
amount of money Mr. Ilg paid to advance his schemes and his efforts to obstruct justice in this
case indicate Mr. Ilg would stop at nothing to maintain control over his victims. Thankfully, the
FBI learned of Mr. Ilg’s scheme and prevented him from following through on his plans to harm
another doctor and kidnap his estranged wife. I am grateful to the tremendous investigative
agents and Assistant United States Attorneys Richard Barker and Patrick Cashman, who spent
significant time and resources to ensure that our community continues to be safe and strong, and
that individuals who perpetrate violent and cyber crimes are held accountable.”“Mr. Ilg’s actions read like plot of a true-crime show, but his intentions had real-life
consequences,” said Richard A. Collodi, Special Agent in Charge of the FBI’s Seattle field
office. “Despite his efforts to remain anonymous and subsequently cover up his activities, our
investigators were able to prevent innocent people from being harmed. This case demonstrates
that even the anonymity of the dark web will not prevent the FBI from identifying and disrupting
individuals who are intent on engaging in criminal activity. I am thankful for our partnership
with the US Attorney’s Office, which brought Mr. Ilg to justice.”“The victims in this case demonstrated incredible courage,” stated Assistant United States
Attorney Richard Barker, who led the prosecution. “Even before Mr. Ilg sent his terrifying
messages through the dark web and paid more than $60,000 to multiple purported hitmen, Mr.
Ilg sought to manipulate and maintain control his victims – sending them harassing text
messages, placing GPS trackers on their cars, and even subjecting them to domestic abuse.
Following his arrest, Mr. Ilg even tried to thwart the case against him by obstructing justice.
Incredibly, he even attempted to profit from his crimes by offering to sell his story to the media.”
AUSA Barker continued, “I’m grateful for the victims’ willingness to stand up to Mr. Ilg. As a
result of their courage and the incredible work of the FBI, Mr. Ilg – who was a doctor and had a
clean criminal history – will spend the better part of the next decade in federal prison.”This case was investigated by the Spokane Resident Agency of the Federal Bureau of
Investigation. Richard R. Barker and Patrick J. Cashman, Assistant United States Attorneys for
the Eastern District of Washington, prosecuted this case. Brian M. Donovan, Civil Chief for the
United States Attorney’s Office, assisted with seeking restitution and the imposition of a fine
against Ilg.2:21-cr-00049-WFN
Spokane Man Sentenced to 5 Years for Church ArsonRead the Press Release
Spokane, Washington –United States District Judge Rosanna Malouf Peterson sentenced Rio A. Mirabal, 25, of Spokane, Washington, to 5 years in federal prison for arson of a building used in interstate commerce. Judge Peterson also ordered Mirabal to pay restitution in an amount $4,981,859.07 for damages caused from a fire he started at the St. Charles Parrish and School, located at 4515 N. Alberta Street in Spokane. Mirabal will also serve three years of supervised release following his release from prison. Mirabal pleaded guilty to the offense on September 7, 2022. He has been in federal custody since his arrest on March 26, 2021. Mirabal’s 5-year sentence was the mandatory minimum permitted by statute for the offense.
According to information presented at Mirabal’s change of plea and sentencing hearings, the fire was first observed at 1:30 am when a patrol officer with the Spokane Police Department stopped in the church parking lot. The officer noticed an orange light coming from a panel of windows. The officer investigated and saw a fire through the windows. Shortly after reporting the fire, the office heard a “boom” sound inside of the church and noticed the fire was spreading to the church roof. A second officer arrived and alerted a priest, who had been asleep in a parish residence attached to the church. The Spokane Fire Department responded and extinguished the fire, which damaged to areas associated with the church and parish school, including the parish residence. Security video later revealed that Mirabal broke into the church and entered numerous rooms with a lit candle. Smoke began coming out of the doors minutes after Mirabal exited each room. Mirabal also removed several bottles of communion wine on which he left fingerprints that identified him as the intruder. At the sentencing hearing, Judge Peterson noted that Mirabal had a history of both mental illness and drug abuse. There was no evidence indicating that Mirabal was motivated by any personal animosity toward the church.
Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, praised the investigative team for identifying Mirabal as the intruder who started the fire and noted the resources available through the Federal Bureau of Prisons to assist persons with both mental illness and drug addiction. U.S. Attorney Waldref noted, “but for the timely intervention of a single patrol officer in noticing that something was not right, the fire would have gone undetected for much longer and could have resulted in a loss of life. Patrol officers continue to deserve our respect and support as they carry out their important role in protecting our community.”
This case was investigated by Spokane Resident Office of the ATF, with significant assistance from the Spokane Police Department and Spokane Fire Department. The case was prosecuted by Timothy J. Ohms and Russel E. Smoot, Assistant United States Attorneys for the Eastern District of Washington.
2:21-CR-0093-RMP
Omak Man Sentenced to 96 Months in Federal Prison for Shooting on the Colville Indian ReservationRead the Press Release
Spokane, Washington – United States District Court Judge Thomas O. Rice sentenced Chance
The Wind Smith, age 32, of Omak, Washington, to 96 months in federal prison for a violent
shooting that took place on the Colville Indian Reservation in September 2021. Judge Rice also
imposed three years of federal supervision upon Smith’s release from custody. Smith pled guilty
to charges of Assault with a Dangerous Weapon in Indian Country and Theft in Indian Country
in August 2022.In announcing the sentence, Judge Rice varied upward from the advisory United States
Sentencing Guidelines range and adopted the United States’ recommendation of 96 months in
federal custody. Judge Rice specifically noted the effects of Smith’s conduct on his victims and
the seriousness of the offense, including that the shooting took place in the presence of small
children.According to court documents and proceedings, on the night of September 11, 2021, Colville
Tribal Police and emergency medical technicians responded to a shooting in Omak, Washington.
A victim had a gunshot wound to his abdomen from a .357 caliber Sig Sauer handgun. The
victim was rushed to the local hospital and had to be life-flighted to Harborview Medical Center
in Seattle for life-saving measures. Several eyewitnesses reported that Smith, who had fled the
scene, shot the victim in the stomach and stole the victim’s Dodge Charger. As Smith was
driving away in the stolen car, he almost ran over a five-year old child. An audio and video
recording of the incident demonstrated that Smith physically assaulted a female witness just
seconds before the shooting and the theft of the victim’s car. Fortunately, the victim survived,
and he continues to recover from the injuries sustained during the shooting.“My office is committed to prosecuting those who commit violence in Indian country,” U.S.
Attorney Vanessa R. Waldref stated. “I’m grateful for all victims and witnesses who come
forward to report crime. When we build trust between law enforcement and members of our
community, we make Eastern Washington safer and stronger.” U.S. Attorney Waldref continued,
“Native Americans experience some of the highest rates of violence in the country, a situation
that is all the more tragic in light of the generations of trauma already suffered by Indigenous
people. The Colville Tribal Police and the FBI did an incredible job of investigating this tragic
crime. We are grateful for the tremendous partnership between the FBI and Tribal law
enforcement, which helped achieve justice for the victim and his family.”“Violence on our state’s Indian Reservations is at an intolerable level,” said Richard A. Collodi,
Special Agent in Charge of the FBI’s Seattle field office. “When you consider the impact Mr.
Smith’s crimes had on children, who were innocent witnesses, this significant sentence is
warranted. I am grateful for the professionalism of our investigators and partners who work these
difficult cases.”The case was investigated by the Colville Tribal Police Department and the Federal Bureau of
Investigation. This case was prosecuted by Richard R. Barker, Assistant United States Attorney
for the Eastern District of Washington.2:21CR00146-TOR-1
U.S. Attorney Addresses 2023 Human Trafficking Community ReceptionRead the Press Release
Spokane, Washington – On January 11, 2023, the National Day for Human Trafficking Awareness, Vanessa R. Waldref, United States Attorney for the Eastern District of Washington, addressed a community reception at the Spokane’s Central Public Library. The reception was sponsored by Lutheran Community Services, which is one of the United States Attorney’s Office’s principal partners in fighting human trafficking and advocating for survivors. The program included a training session for victim advocates, and was attended by law enforcement personnel, anti-trafficking advocates, and resource providers from around the region, including the Kalispell Tribe.
“Every day is Human Trafficking awareness at the United States Attorney’s Office,” said U.S. Attorney Waldref. “Human trafficking, whether in the form of forced labor, sexual exploitation against minors, or forced, coerced, or fraudulently-induced sexual exploitation of adults, is modern-day slavery. It lurks in places obvious and secret, online and on the street, in the Eastern District and elsewhere. We will never have a safe and strong community without ensuring that everyone is free from coerced labor and sex. The U.S. Attorney’s Office is delighted to continue working with our partners in federal, state, and local law enforcement, alongside victim advocates and resource providers, to seek out, investigate, and prosecute this crime while providing wraparound services to survivors in a comprehensive, victim-centered approach.”
U.S. Attorney Waldref noted that David Herzog, an experienced trafficking prosecutor in her Office, serves as the Human Trafficking Coordinator for the Eastern District, and works closely with anti-trafficking agents and investigators at the FBI, HSI, and local law enforcement agencies. She also highlighted the tireless efforts of Jolene Jones and Petra Frandsen, the victim/witness specialists at the U.S. Attorney’s Office, who liaise with victims, witnesses, and the non-governmental organizations that provide wraparound care to survivors.FBI Task Force Investigation Results in One of the Largest-Ever Drug Seizures in Yakima County, WashingtonRead the Press Release
Yakima, Washington – Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, announced today that the FBI’s Safe Streets Task Force, conducted a comprehensive federal investigation concerning drug trafficking within the City of Yakima. The investigation culminated with the execution of multiple federal search warrants in Yakima County.
According to law enforcement sources, on December 28, 2022 the FBI Task Force seized more than approximately 120,000 fentanyl-laced pills and more than 42 pounds of methamphetamine. The FBI and its local partners also seized a loaded Beretta pistol and approximately $152,000 in U.S. Currency, including approximately $100,000 that was buried outside the residence. In connection with the seizure, Eliseo Equihua-Zamora was indicted on January 10, 2023, with Possession with Intent to Distribute Over 50 Grams of Actual (pure) Methamphetamine, Possession with Intent to Distribute over 400 grams of Fentanyl, and Possession of a Firearm in Furtherance of a Drug Trafficking Crime. Equihua-Zamora is presumed innocent until proven guilty and is facing charges in the United States District Court for the Eastern District of Washington.
U.S. Attorney Waldref commended the joint efforts of law enforcement for removing such a large quantity of illegal narcotics from the community. U.S. Attorney Waldref stated, “Illegal narcotics, and fentanyl in particular, have become a scourge across the United States. I’m grateful to the FBI and our critical task force partners for working together to combat this dangerous poison. Without their combined efforts, more than 100,000 deadly fentanyl-laced pills and more than 40 pounds of methamphetamine would not have been removed from the community. As a result, our neighborhoods and communities are safer and stronger.”
“Every time the FBI and our partners seize these dangerous and highly potent drugs, we are also removing from the community hundreds of thousands of opportunities for someone, perhaps even an unknowing young person, to make one bad choice and become addicted or overdose,” said Richard A. Collodi, Special Agent in Charge of the FBI Seattle Field Office. “As the drug landscape changes in our country, and fentanyl is hiding in unknown quantities amongst other drugs or being represented as another drug entirely, it is critical that law enforcement disrupt the flow of this poison into Washington state.”
“The recent successful results of an investigation by the FBI Task Force highlights the importance of federal and local agencies working together for public safety,” stated Yakima County Sheriff Robert Udell. He continued, “The investigation seized a significant quantity of fentanyl and methamphetamine in the Yakima area, and these possibly fatal illegal drugs were removed from our community. I am pleased with the results of the FBI Task Force, and our deputies look forward to working together with the Task Force to achieve further success in removing illegal drugs from our community.”
This ongoing case is being investigated by the FBI Task Force, which members include the Yakima County Sheriff’s Office, the Washington State Department of Corrections, Homeland Security Investigations, and United States Border Patrol. The FBI Task Force was assisted by the Moxee Police Department and the Snohomish Regional Drug Task Force. This case is being prosecuted by Assistant United States Attorney Tom Hanlon.
An indictment and a complaint are merely allegations, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
1:23-CR-2004-SAB
Former United States Attorney Joseph H. Harrington Retires from the Department of Justice After More than Thirty Years of Federal ServiceRead the Press Release
Spokane, WA – Today marks the last day of federal service for one of Eastern Washington’s longest-tenured federal prosecutors. Over the past thirty-two years, Assistant United States Attorney Joseph H. Harrington served with distinction and held numerous leadership roles within the U.S. Attorney’s Office for the Eastern District of Washington.
From May 2018 through July 2019, Harrington served as the United States Attorney, leading the office after being appointed by the United States District Court for the Eastern District of Washington. Prior to that, Harrington served as Interim U.S. Attorney, Acting U.S. Attorney, the Office’s First Assistant U.S. Attorney, Criminal Chief, Deputy Criminal Chief, Anti-Terrorism Advisory Coordinator, and as the Office’s Health Care Fraud Coordinator.
Over his career as an Assistant United States Attorney (AUSA), Harrington handled nearly 50 civil and criminal trials as well as approximately 70 appellate cases. These included a number of important prosecutions. For example, Harrington prosecuted Kevin W. Harpham, an avowed white supremacist who planted a sophisticated remotely-controlled improvised explosive device along the route of the Martin Luther King, Jr. Day Unity March in Spokane. He handled the Phineas Priest domestic terrorism case, involving bank robberies and bombings of a Planned Parenthood office and a Spokane newspaper facility. Harrington also supervised the Karl F. Thompson / Otto Zehm civil rights case. In addition to this broad-ranging criminal practice, Harrington defended the United States in civil cases involving medical malpractice tort claims, employment discrimination allegations, and the like. For his service, Harrington has received the Department of Justice “Director’s Award” on two occasions in recognition of his performance as an AUSA.
“It’s been a great run for me, and I’ve been incredibly lucky,” Harrington stated. “I was humbled and honored to serve as the Chief Federal Law Enforcement Officer for our District – serving alongside the outstanding and dedicated Assistant United States Attorneys and staff in our office. Together with our federal, state, county, local, and tribal law enforcement partners, our Office has accomplished remarkable things in the Eastern District of Washington.”
United States Attorney Vanessa R. Waldref thanked Harrington for his leadership and sacrifices on behalf of the people of Eastern Washington: “Joe’s eloquence, tenacity, and advocacy on behalf of the United States serve as models for other lawyers both inside and outside the Office. Over his long and successful career, Joe has earned a gravitas that accrues not only to himself and the Office, but to his longtime and well-served clients: the people of the United States. Joe’s leadership, wisdom, and institutional knowledge will be missed as he moves on to other pursuits, but the legacy he leaves cannot be diminished.”
Harrington received his J.D. from Gonzaga University in 1986, where he was a Thomas Moore Scholar and served as the Editor-in-Chief of the Gonzaga Law Review. He also holds a B.A. in Mathematics and a B.S. in Engineering from Carroll College. After graduating with distinction from the Gonzaga, Harrington worked for the U.S. Securities and Exchange Commission in Washington D.C. before joining the U.S. Attorney’s Office in Spokane in 1990. Harrington is married and has three children.
Snake River Ranch Enters Settlement Agreement to Resolve Cattle Trespass and Encroachment on Federal LandsRead the Press Release
Pomeroy, WA – Vanessa R. Waldref, United States Attorney for the Eastern District of Washington (EDWA), announced today that Rileys’ River Ranch and rancher Walter “Sonny” Riley have entered into a Settlement Agreement & Consent Decree providing for the full resolution of the federal lawsuit against the Ranch and its operators for the unlawful use of the U.S. Army Corps of Engineers’ (Corps) environmentally sensitive federal lands along the lower Snake River for the Rileys’ River Ranch commercial cattle and livestock ranching operations.
Under the terms of the Court-approved Settlement Agreement and Consent Decree, the Ranch agreed to permanently prevent all future cattle and livestock trespasses and associated encroachments on the subject federal lands, which are located at the Central Ferry Habitat Management Unit. These lands are adjacent to property privately owned by the Ranch on the lower Snake River near Pomeroy, Washington. The Corps’ land was designated and has been managed as sensitive habitat land under the Lower Snake River Compensation Plan and mitigates the impact resulting from the construction of the lower Snake River dams (Ice Harbor, Lower Monumental, Little Goose and Lower Granite).
In exchange for the Ranch’s commitment to permanently prevent future livestock trespasses and other encroachments, the Corps agreed to administratively dispose of approximately one third of one acre of federal land adjacent to the Ranch’s property. The land transfer, for which the Ranch will cover the administrative costs - estimated to be approximately $50,000 - will cure long-term encroachments by the Ranch, including the construction of a building that is partially on federal land.
The Ranch also agreed to the removal of numerous other ranching encroachments, including gates, feeders, unused fence posts, wire, hay bales, manure piles and a large animal carcass pit, which were unlawfully used and left on the Corps-managed federal lands. The Settlement Agreement also requires the Ranch to environmentally mitigate and obliterate a gravel road that was established and used for its access to and operations on the federal land.
As detailed in Court documents, since at least 2011, Rileys’ River Ranch used federal property as part of its winter cattle feeding and calving operations without seeking permission of the Corps. This unauthorized use destroyed environmentally sensitive native vegetation, encouraged growth of invasive weeds, and left large manure piles. The Ranch’s operations profited from this unauthorized use of federal land for its private commercial activities. In turn, the Ranch’s private operations also discouraged public recreation on the federal lands for hunting, hiking, wildlife viewing and other public activities. The Settlement Agreement requires the Ranch to permanently keep its cattle and other livestock off federal property and to remove ranching equipment, fences, and a road from the land.
“We are committed to preserving and protecting public lands so everyone can enjoy the environmental beauty and recreational opportunities of Eastern Washington. The Corps maintains lands overlooking the Snake River to protect our waters and natural habitat and offer space for the public for hiking, hunting and other public recreation activities. This settlement agreement enables the Corps to fulfill its duty to maintain and protect these public lands and the environment as a whole,” said U.S. Attorney Vanessa Waldref.
Lieutenant Colonel ShaiLin Y. KingSlack, Walla Walla District (Corps) Commander, stated, “I want to thank the U.S. Attorney’s Office for the Eastern District of Washington and my District’s attorneys and staff for negotiating a settlement that prevents future livestock trespasses and associated encroachment of materials and equipment on federal lands managed by the Corps. As stewards of federal lands, the Walla Walla District will continue to exercise our obligation to manage these lands under our jurisdiction for congressionally authorized purposes and in the public interest.”
Assistant United States Attorneys Timothy Durkin and Derek Taylor handled this matter on behalf of the United States with support from the Corps’ Walla Walla District Counsel Tyler Moore and Assistant District Counsel Robert Eskildsen and Evan Carden. The claims resolved by the settlement are allegations only and there has been no determination of liability.
Case No: 2:18-cv-00024-SAB (E.D. Wash.)
signed_settlement_agreement_and_consent_decree.pdfCOVID-19 Strike Force Announces Indictment of Former Wenatchee Man, Who Is Now At-Large in the Bay AreaRead the Press Release
Wenatchee, Washington – Today, Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, announced that a federal grand jury has indicted James Carnell O’Daffer for COVID-19 fraud as part of the Eastern Washington Covid-19 Strike Force. The Strike Force’s work, which has included indictments against a number of individuals, has led to the recovery of millions of dollars in fraudulently obtained COVID relief funding.
The indictment announced today charges O’Daffer, 39, formerly of Wenatchee, WA, with two counts of wire fraud and one count of false, fictitious, or fraudulent claims. Though filed on October 18, 2022, the indictment was kept under seal while federal law enforcement attempted to locate O’Daffer, who is presumed innocent until proven guilty beyond a reasonable doubt in a court of law. O’Daffer recently was contacted by federal authorities in San Francisco, CA, and he made an initial appearance in the Northern District of California, where O’Daffer was arraigned, and his indictment was unsealed. Presently, O’Daffer is at large, and federal authorities encourage anyone with information on the current whereabouts of James Carnell O’Daffer to immediately contact the United States Marshals Service at usmarshals.gov or by calling 1-877-WANTED-2.
On March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. The CARES Act provided a number of programs through which eligible small businesses could request and obtain relief funding intended to mitigate the economic impacts of the pandemic for small and local businesses. One such program, the Paycheck Protection Program (PPP), provided government-backed loans to small businesses which could be forgiven so long as the proceeds were used for payroll and other eligible expenses. Another program, the Economic Injury Disaster Loan (EIDL) program, provided low interest loans that could be deferred until the conclusion of the pandemic to provide “bridge” funding for small businesses to maintain their operations during shutdowns and other economic circumstances caused by the pandemic. The PPP and EIDL programs have provided billions of dollars in aid, the vast majority of which have not been paid back, including hundreds of millions of dollars disbursed within Eastern Washington.
The indictment charges O’Daffer in connection with an EIDL loan for $117,400 that he obtained in 2021 for his purported home appraisal business. The indictment alleges that O’Daffer was not licensed as an appraiser at that time, that his business was no longer engaging in home appraisals, and that he spent the loan proceeds on non-business expenses including over $39,000 for the purchase of a personal RV. In the event that O’Daffer is proven guilty beyond a reasonable doubt in a court of law, the fraud charges against him carry a maximum sentence of up to 20 years in federal prison.
In February 2022, U.S. Attorney Waldref and the U.S. Attorney’s Office (USAO) began working with federal law enforcement agencies to create and launch a COVID-19 Fraud Strike Force that would leverage partnerships between different agencies to aggressively investigate and prosecute fraud against COVID-19 relief programs in Eastern Washington. The Strike Force consists of agency representatives from the USAO, Small Business Administration (SBA) Office of Inspector General (OIG), Federal Bureau of Investigation (FBI), U.S. Department of the Treasury Inspector General for Tax Administration (TIGTA), U.S. Secret Service, U.S. Homeland Security Investigations, U.S. Department of Veterans Affairs OIG, General Services Administration OIG, Department of Homeland Security (DHS) OIG, Internal Revenue Service, Department of Energy OIG, and others.
This case was investigated by the Eastern District of Washington COVID-19 Fraud Strike Force and by SBA OIG and the U.S. Secret Service. Assistant United States Attorney Dan Fruchter, and Assistant United States Attorney Tyler H.L. Tornabene are prosecuting this case on behalf of the United States.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Case No. 2:22-CR-00147-MKD
FBI and Local Drug Task Forces Make One of the Largest-Ever Drugs Seizures in Eastern Washington HistoryRead the Press Release
Richland – Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, announced today that the FBI’s Southeast Washington Safe Streets Task Force, in partnership with multiple local law enforcement agencies, executed a series of federal search warrants at several residential locations in the Tri-cities area.
According to court documents, these drugs were seized on December 14, 2022 as part of an investigation into the use of the United States Postal Service to traffic multiple-pound quantities of dangerous controlled substances, including fentanyl-laced pills and methamphetamine. In total, the FBI and its local law enforcement partners seized more than 100,000 fentanyl-laced pills (to include pink and rainbow-colored pills), more than 50 pounds of methamphetamine, and approximately 1 kilogram of cocaine. The FBI and its local partners also seized approximately $15,000 in U.S. Currency and several money counters, which typically are used by banks to count large amounts of U.S. Currency. More than 20 firearms were seized, along with a significant amount of ammunition.
According to public court documents, several individuals have been charged in connection with the investigation. On December 6, 2022, Angel Ramon Barajas-Zarate was indicted by a federal grand jury on one count of Attempted Possession with Intent to Distribute 50 Grams or More of Actual Methamphetamine. Hector Sanchez-Mendez was charged with Possession with Intent to Distribute 500 Grams or More of Methamphetamine in a complaint filed on December 15, 2022. A separate complaint filed on December 15, 2022, charges Jeremy Obediha Hendricks and Nichole Diane Holland with Possession with Intent to Distribute 50 Grams or More of Actual (Pure) Methamphetamine.
U.S. Attorney Waldref commended the joint efforts of law enforcement for removing such a large quantity of illegal narcotics from the community. U.S. Attorney Waldref stated, “Illegal narcotics, and fentanyl in particular, have become a scourge across the United States. I’m grateful to the FBI and our critical Safe Streets Task Force partners for working together to combat this dangerous poison. Without their combined efforts, more than 100,000 deadly fentanyl-laced pills and more than 50 pounds of methamphetamine would not have been removed from the community. As a result, our neighborhoods and communities are safer and stronger.”
This ongoing case is being investigated by the FBI Task Force, along with the United States Postal Inspection Service. The FBI Task Force has been assisted by multiple local law enforcement entities, including the Benton County Sheriff’s Office, Richland Police Department, Kennewick Police Department, Pasco Police Department, West Richland Police Department, Franklin County Sheriff’s Office, the METRO Drug Task Force, and the Washington State Department of Corrections. The Drug Enforcement Administration and the United States Border Patrol also provided assistance. These cases are being prosecuted by Assistant United States Attorneys Stephanie Van Marter and Caitlin Baunsgard.
An indictment and a complaint are merely allegations, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
4:22-CR-6052-SAB
4:22-MJ-7217-ACE
4:22-MJ7218-ACE
Spokane Man Sentenced to 27 Years for Child Sex TraffickingRead the Press Release
Spokane – On December 7, 2022, U.S. District Judge Thomas O. Rice sentenced Trever Daniel Harder, 35, of Spokane, to 27 years in prison for engaging in the sex trafficking of a six-year-old girl. Upon his release from prison, Harder will be on federal supervision for the remainder of his life, and he will be required to register as a sex offender. The Court also ordered Harder to pay nearly $30,000 in restitution, along with a $5,000 special assessment pursuant to the Justice for Victims of Trafficking Act.
According to court documents and proceedings, Harder met an adult woman online in early 2021 using the social media application “Plenty of Fish.” Within days, Harder sought out sexual contact with a minor child to whom the adult woman had access. Harder and the adult woman negotiated a series of transactions in which Harder gained sexual access to the child by providing the adult woman with a place to stay, cash, and the promise of new Nike sneakers. Harder then engaged in illicit sexual acts with the minor victim. Earlier this year, the adult woman was convicted of conspiracy to engage in the sex trafficking of a child, and Judge Rice imposed a multi-decade sentence on her, as well.
“Today the Court addressed the egregious sexual abuse of a child. Its sentence is significant, but it pales in comparison to what the child has endured,” said Vanessa R. Waldref, United States Attorney for the Eastern District. “No sentence can return the child’s innocence, but our community is safer and stronger with these two defendants in federal prison. Most important, the child is now in a safe place.” U.S. Attorney Waldref emphasized the vigilance with which law enforcement protects children from sexual harm: “My office will continue to prioritize cases involving individuals who seek to exploit and abuse children online or in person.”
David M. Herzog, the Assistant United States Attorney who prosecuted the case, thanked the agencies responsible for the investigation and the protection of the young victim. “Incredibly dedicated FBI agents worked hand-in-hand with state, local, and tribal law enforcement to secure justice for the victim in this case and to protect this child from further sexual abuse.”
“The defendant’s conduct in this case was horrific,” said Richard A. Collodi, Special Agent in Charge of the FBI’s Seattle field office. “I commend the professionalism and dedication of our investigators and partners, who sought justice for a child who could not seek it on her own.”This case was pursued as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
This case was investigated by the FBI’s Spokane Resident Office and the Spokane Police Department, with significant assistance from the Quileute Nation. The case was prosecuted by David M. Herzog, Assistant United States Attorney for the Eastern District of Washington.
United States v. Harder, 2:21-CR-00165-TOR-1Omak Domestic Abuser Sentenced to 46 Months in Federal Prison for Assaulting His Intimate Partner on the Colville Indian ReservationRead the Press Release
Spokane, Washington – Senior U.S. District Court Judge Rosanna Malouf Peterson sentenced Shawn Vincent Best, Sr., age 62, of Omak, Washington, to 46 months in federal prison for a domestic assault that occurred in August 2021. Judge Peterson also imposed 3 years of federal supervised release. Best pled guilty earlier this year to Assault Resulting in Substantial Bodily Injury in Indian Country.
In announcing the sentence, Judge Peterson varied upward from the United States Sentencing Guidelines range, as determined by the Court. In doing so, Judge Peterson emphasized the need to protect victims of domestic abuse from Mr. Best. The Court also described the seriousness of the offense and the traumatizing effects on the victim, whom Judge Peterson commended for her strength and courage for coming forward and speaking at sentencing. The Court further acknowledged the extreme psychological impact of the offense and ruled that Best’s criminal record underrepresented his history of domestic abuse.
According to court documents and proceedings, in August and September 2021, a female victim contacted Colville Tribal Police and reported that Best physically assaulted and threatened to kill her if the victim told law enforcement about the assaults. Specifically, on August 12, 2021, Best became upset that his victim received a ride home from another man. Best shoved the victim, causing her to fall to the floor, resulting in substantial bodily injury and extreme pain. On September 21, 2021, Best again assaulted this same victim – striking her with a belt and strangling her. As he did so, Best told the victim, “If [you] ever say anything or call the cops, there would be no way they would be able to find [your] body.”
Court documents further indicate that at the time of the offenses, Best had prior arrests and convictions for domestic violence. Despite his history of domestic violence, the sentence announced today represents Best’s first felony conviction.
“My office is committed to prosecuting those who commit violence against their spouses or intimate partners,” U.S. Attorney Vanessa R. Waldref stated. “Domestic violence victims often struggle to access the justice system and get the protection and resources they need. I am grateful for the law enforcement agents, victim advocates, and prosecutors who handle these challenging cases. By working together and with those who are victims of violent crime, we can ensure that all men, women and children are protected not only from domestic violence, but also from retaliation when they disclose what they experienced.”
U.S. Attorney Waldref continued, “Native Americans experience some of the highest rates of violence in the country, a situation that is all the more tragic in light of the generations of trauma already suffered by Indigenous people, especially Native American women. It took tremendous courage for Mr. Best’s victim in this case to speak on behalf of herself and for Mr. Best’s prior victims. Today, their voices were heard.”
“Tragically, this victim endured the trauma of being attacked by a trusted partner, who should have protected her. I commend the brave survivors who report to law enforcement, the advocates who help them heal, and the investigators and prosecutors who bring the perpetrators to justice,” said Richard A. Collodi, Special Agent in Charge of the FBI’s Seattle field Office. “The FBI will continue to work with our law enforcement and community partners to protect citizens from these types of violent crimes.”
The case was investigated by the Colville Tribal Police Department and the Federal Bureau of Investigation. This case was prosecuted by Richard R. Barker, Assistant United States Attorney for the Eastern District of Washington.
2:22CR00001-RMP-1
U.S. Attorney’s Strike Force Secures Three More Felony Convictions for COVID-19 Relief FraudRead the Press Release
Richland and Spokane, Washington – Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, announced today convictions for three more individuals that fraudulently obtained COVID relief funding intended for struggling businesses. These three convictions are the most recent obtained by the Eastern Washington COVID-19 Fraud Strike Force, which U.S. Attorney Waldref launched earlier this year.
On March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The CARES Act provided a number of programs through which eligible small businesses could request and obtain relief funding intended to mitigate the economic impacts of the pandemic for small and local businesses. One such program, the Paycheck Protection Program (PPP), provided forgivable loans to eligible small businesses to retain jobs and maintain payroll during the pandemic.
“COVID-19 relief programs quickly ran out of money due to the number of businesses that requested funding, meaning that struggling, deserving small businesses were not able to obtain critically needed funding to keep their businesses afloat during the shutdowns and disruptions caused by the COVID pandemic,” said U.S. Attorney Waldref. “We created the Eastern Washington COVID-19 Fraud Strike Force because it is critical to the strength and safety of our communities that we all work together to combat pandemic-related fraud and bring much-needed accountability to these programs. The Strike Force works to ensure that limited resources are used to protect our local small businesses and the critical jobs and services that they provide for the community.”
In February 2022, U.S. Attorney Waldref and the U.S. Attorney’s Office began working with federal law enforcement agencies to create and launch a COVID-19 Fraud Strike Force that would leverage partnerships between different agencies to aggressively investigate and prosecute fraud against COVID-19 relief programs in Eastern Washington. The Strike Force consists of agency representatives from the U.S. Attorney’s Office, Small Business Administration (SBA) Office of Inspector General (OIG), Federal Bureau of Investigation (FBI), U.S. Department of the Treasury Inspector General for Tax Administration (TIGTA), U.S. Secret Service, U.S.Homeland Security Investigations (HSI), U.S. Department of Veterans Affairs OIG, General Services Administration OIG, Internal Revenue Service, Department of Energy OIG, Department of Homeland Security (DHS) OIG, Department of Labor OIG, and others. Cases investigated and prosecuted by the Strike Force have resulted in numerous indictments and convictions, and have recovered millions of dollars in penalties and restitution for the public.
According to court documents and information disclosed during court proceedings, Jimia Rae Cain, age 52, of West Richland, Washington, obtained $337,267 in COVID relief funding in 2020 for her purported business, Americore Construction. In fact, as Cain admitted, Americore Construction did not have any legitimate business, employees, or payroll during the relevant time period, and Cain instead submitted false and fraudulent tax, payroll, and other documentation to obtain the funding. Cain also misrepresented her criminal history by certifying that she had no criminal convictions other than traffic citations, when in fact she had at least two prior fraud convictions. United States District Judge Mary K. Dimke accepted Cain’s guilty plea and set sentencing for June 1, 2023 at 1:30 p.m., in Richland, Washington.
According to court documents and information disclosed during court proceedings, Stephen Murphy, age 42, and Stephanie Murphy, age 37, both of Davenport, Washington, schemed together in 2021 to submit three fraudulent PPP applications for their purported businesses, obtaining more than $60,000 in COVID relief funding by submitting false information and false tax documentation on three separate occasions, including by falsely representing that their purported business had annual income of more than $100,000 prior to the pandemic. United States District Judge Thomas O. Rice accepted the Murphys’ guilty pleas, and set sentencing for February 22, 2023, at 9 a.m., in Spokane, Washington.
“I commend the stellar investigative work on these cases performed by the Strike Force and especially in this case by SBA OIG, TIGTA, and DHS OIG,” said U.S. Attorney Waldref. “We will continue to work with our law enforcement partners to strengthen our communities by protecting our small and local businesses.”
“Conspiring to defraud SBA robs the nation of vital resources intended to support the nation’s small businesses,” said SBA OIG’s Western Region Special Agent in Charge Wes King. “OIG remains committed to rooting out bad actors and protecting the integrity of SBA programs every day. I am continually grateful to the U.S. Attorney’s Office for its leadership and dedication to shining a light on darkness wherever it may be.”
“DHS OIG appreciates our partnership with the Eastern District of Washington’s COVID Fraud Strike Force. Today’s indictment sends a clear message that we will continue to investigate and help prosecute these kinds of fraud schemes,” stated Dr. Joseph V. Cuffari, DHS Inspector General.
“The Treasury Inspector General for Tax Administration aggressively pursues those who attempt to abuse the Coronavirus Aid, Relief, and Economic Security Act and its Paycheck Protection Program, which was created to assist legitimate business owners during the pandemic,” said J. Russell George, the Treasury Inspector General for Tax Administration. “We appreciate the efforts of our law enforcement partners and the United States Attorney’s Office to ensure this criminal activity is held to account.”
The charges to which Cain and the Murphys pled carry a maximum sentence of up to 5 years in federal prison. The cases were investigated by the Eastern Washington COVID Fraud Strike Force, and in particular by the Small Business Administration OIG, the Treasury Inspector General for Tax Administration, and the Department of Homeland Security OIG. U.S. Attorney Waldref also praised and thanked the FBI’s Spokane Resident Agency for providing critical support. Assistant United States Attorneys Dan Fruchter and Tyler H.L. Tornabene are prosecuting these cases on behalf of the United States.
Case Nos. 4:22-CR-06042-MKD, United States v. Cain
2:22-CR-00084-TOR, United States v. MurphyU.S. Attorney’s Office Resolves Kennewick Restaurant’s Violation of the Americans with Disabilities Act (ADA)Read the Press Release
Owners of restaurant agree to pay damages for denying service to a disabled customer and to take remedial measures at multiple restaurants state-wide
Kennewick, WA – Today, United States Attorney Vanessa R. Waldref announced that the owners of the Rock Wood Fired Pizza, located in Kennewick, (“The Rock Kennewick”) have agreed to take remedial measures over the next three years and pay thousands in compensatory damages to resolve violations of Title III of the Americans with Disability Act (ADA). In today’s settlement, the owners of The Rock Kennewick admitted that in November of 2021 they denied service to the disabled individual, because that individual required the use of a service animal, in direct violation of the ADA. The Rock Kennewick fully and promptly cooperated with the investigation and agreed to take concrete remedial measures to comply with the ADA.
According to the settlement, the owners of the Rock Kennewick admitted that at the time of the violation they did not have any written Title III ADA policy or formal ADA training for employees at any of their restaurants. Consequently, the settlement requires the owners of The Rock Kennewick to pay $11,000 in compensatory damages to the disabled individual. The settlement further requires The Rock Kennewick, and the three other “The Rock Wood Fired Pizza” restaurants under the same ownership, to undertake the following:
- implement and utilize a written Title III ADA and service animal policy;
- require annual employee training addressing the requirements of the ADA;
- institute a grievance procedure for customers, potential customers, or employees regarding any alleged ADA violations;
- conspicuously post notices to customers and employees, both online and at their restaurants, that service animals are welcome; and
- submit reports to the United States Attorney’s office every six months for the next three years certifying full compliance with all remedial terms of the agreement and self-reporting any allegations of violations of the ADA so they can be fully investigated.
If the owners fail to fully and promptly institute and comply with all of these measures, the United States Attorney’s Office can file an ADA complaint against the owners for their admitted ADA violation, and any additional ADA violations, seeking up to $75,000 in penalties per violation (in addition to the $11,000 in compensatory damages paid to the aggrieved disabled person). The United States Attorney Office also would be able to seek additional and court ordered remedial measures.
“Persons with disabilities have every right under the law to enjoy the same freedoms and accommodations as everyone,” stated U.S. Attorney Vanessa Waldref. “The ADA ensures those rights for persons with disabilities in our communities, and, as today’s settlement shows, my office is committed to vigorous enforcement of the ADA. Today’s settlement sends an important message that compliance with the ADA is essential to making Eastern Washington safe and strong for all.” U.S. Attorney Waldref continued, “we want to thank the owners of the Rock Wood Fired Pizza for their cooperation with our investigation, for fully admitting to their conduct, compensating the disabled person they wronged, and for their genuine commitment to ensuring that going forward discrimination against disabled individuals, including those with service animals, will not occur at any of their restaurants state-wide.”
The family of the aggrieved disabled customer filed an ADA complaint online at ADA.gov. The complaint was forwarded to the United States Attorney’s Office for the Eastern District of Washington, which investigated and, upon confirming the allegations, reached today’s settlement with the owners of The Rock Kennewick, requiring the owners to take remedial action not only in their Kennewick store but in their three other stores located throughout Washington.
“We are so thankful that this individual and their family had the courage and tenacity to come forward, report this discrimination, and assist in our investigation – we could not investigate and address these sorts of ADA violations without people coming forward when they see or experience discrimination,” stated U.S. Attorney Waldref. “We encourage people to report suspected ADA violations at ADA.gov, just as this individual did. For all suspected civil rights violations – including unlawful discrimination of any kind as well as ADA violations in Eastern Washington – we further encourage people to email my office at [email protected] or call our Civil Rights Complaint Line at (509) 835-6306,” said U.S. Attorney Waldref.
The settlement was the result of a complaint filed on ADA.gov and the resulting investigation conducted by the U.S. Attorney’s Office for the Eastern District of Washington. The full settlement agreement, including the required Service Animal Policy, is available at the bottom of this page. Assistant United States Attorney Tyler H.L. Tornabene of the Eastern District of Washington handled this matter on behalf of the United States.
Three Washington Men Sentenced to More than a Decade in Federal Prison for Conspiracy to Distribute Fentanyl and Related CrimesRead the Press Release
Spokane – Today, United States Attorney Vanessa R. Waldref announced that U.S. District Judge Thomas O. Rice has sentenced Hunter Bow O’Mealy, age 19, Caleb Ryan Carr, age 23, and Matthew Gudino-Pena, age 21, for Conspiracy to Distribute 400 Grams or More of Fentanyl. The Defendants previously pleaded guilty pursuant to a Federal Rule of Procedure 11(c)(1)(C) Plea Agreement and faced sentencing ranges from 144 – 240 months in federal prison. Judge Rice sentenced O’Mealy and Carr to 240 months and Gudino-Pena to 196 months for their respective roles in the conspiracy. Judge Rice also ordered each of the defendants to serve an additional ten years on federal supervision after they are released from prison. In pronouncing sentence, Judge Rice emphasized the “egregious underlying conduct of this conspiracy.”
According to court documents and materials presented at the sentencing hearing, in spring and summer 2021, Defendants O’Mealy, Carr, and Gudino-Pena – a.k.a., the “Fetty Bros” – used snapchat and other social media to locate a source of supply originating in Mexico. Defendants then traveled to Arizona and beyond to be obtain deadly fentanyl pills in 10,000-pack quantities, and poured those and other drugs into the Spokane community and across the United States – including in Washington, Arizona, Alaska, Idaho and Florida. As they did so, O’Mealy, Carr, and Gudino-Pena engaged in a violent lifestyle without remorse or concern for the impact of their actions on their communities or on those who used their deadly drugs. When a customer overdosed, Carr suggested that no one cared and continued to sell the same deadly poison. When O’Mealy, Carr, and Gudino-Pena suspected someone was cooperating with law enforcement, they tried to kill him and nearly succeeded – opening fire and expelling more than forty rounds at their intended victim in Lakewood, Washington. When another co-defendant was arrested with their drugs, O’Mealy and Carr threatened to kill her.
The investigation began in Coeur D’Alene, Idaho after 15 year-old high school student overdosed on fentanyl and another person was killed during a failed fentanyl transaction. During the investigation into these deaths, the Coeur d’Alene Police Department and DEA Task Force NINE identified the snapchat moniker Pac.Man2021, which led to the “Fetty Bros” as the likely source of supply to those believed to be directly responsible for the overdose and shooting.
Throughout the conspiracy, the “Fetty Bros” engaged in additional offenses to build their organization and conceal their crimes. Carr and O’Mealy, for example, illegally transported immigrants across the southern border to fund their narcotics purchases from a transnational cartel. Carr and O’Mealy also involved a minor in transporting and shipping their fentanyl-laced drugs and utilized other “Fetty Bros,” including Gudino-Pena, to act as a security detail for their drug shipments. While immersed in this violent conspiracy, the organization amassed numerous firearms, including switches to convert their guns into fully automatic weapons. They also obtained a number of “ghost guns” – which are unserialized, privately-made firearms – and trafficked in firearms obtained during the conspiracy. Then, to conceal their illegal conduct, Defendants Carr and O’Mealy set up a luxury clothing business to launder their drug proceeds.
Ultimately, each of the Defendants were arrested in Tucson Arizona in October 2021. Carr, O’Mealy, and Gudino-Pena had fled to Arizona and were staying with an alleged confederate at a high-end apartment complex located adjacent to the University of Arizona campus. In fact, O’Mealy and Gudino-Pena left Washington and arrived at the apartment complex during the University of Arizona’s Family Weekend in 2021. Shortly thereafter, law enforcement arrested each of the defendants and executed a search warrant at the alleged confederate’s apartment. During the search, the investigation team, which included multiple state, local, and federal agencies, recovered additional narcotics, numerous firearms, Glock switches, and a number of “ghost guns.”
“Although the consequences of large-scale drug distribution are apparent in many cases, this case in particular presents egregious violence, use of the mail to distribute tens of thousands of fentanyl-laced pills, firearms trafficking, threats, use of social media to advertise illegal narcotics, and obstruction of justice,” stated U.S. Attorney Waldref. “As part of their conspiracy, these Defendants even attempted to kill someone they falsely believed was cooperating against them. Our community is safer and stronger as a result of the incredible work of the numerous law enforcement agencies across the Western United States, who came together to investigate and prosecute this case.”
“This investigation illustrates how social media is used to distribute these deadly fake pills,” said Laci S. Larsen, Acting Assistant Special Agent in Charge, DEA Spokane District Office. “Because of the collaboration by law enforcement throughout the United States, we removed these dangerous individuals, who thought they could operate without regard for human life and the rule of law, from our community.”
“The fentanyl epidemic continues to harm our communities, not only from its use, but from the violent crimes associated with its distribution,” said United States Postal Inspector in Charge Anthony Galetti. “O’Mealy, Carr and Gudino-Pena will spend the better part of two decades in federal prison, but the victims’ families will spend the rest of their lives working to recover from the loss of their loved ones. Taking an estimated 100,000 fentanyl pills off the streets is a significant accomplishment, but this does not happen without agencies working together to protect our communities. I thank the DEA, as well as the other state and local agencies around the country who helped to bring this drug trafficking organization to a close.”
Idaho State Police Colonel Kedrick Wills stated, “The Idaho State Police appreciates the cooperation and support from multiple agencies involved in this fentanyl case which ranged from northern Idaho to the Arizona border. I thank the dedicated people of ISP who tirelessly worked to see this highly complex case through. Illegal drugs, especially fentanyl, have had devastating effects on our communities.”
Assistant United States Attorney Stephanie Van Marter, Senior Litigation Counsel for the U.S. Attorney’s Office and co-counsel for the case, stated, “This case represents a new generation of drug traffickers – traffickers, who glorify a violent lifestyle, obtain drugs online, advertise their product through social media, and victimize others. I want to thank the investigators and law enforcement officers who worked tirelessly to investigate this case and bring O’Mealy, Carr, and Gudino-Pena to justice.”
This case was investigated by the Drug Enforcement Administration Task Force NINE, located in Coeur d’Alene, Idaho which includes members of the DEA, Idaho State Police, United States Postal Inspection Service, Coeur d’Alene Police Department, Bureau of Indian Affairs, and United States Border Patrol. A number of agencies further assisted with the investigation, including Spokane DEA, the Lakewood Police Department, Kootenai County Sheriff’s Office, Liberty Lake Police Department, Medford Police Department, Siskiyou County Sheriff’s Office, Centralia Police Department, Chehalis Police Department, Shoshone County Sherriff’s Office, Washington Department of Corrections, United States Marshals Service, Bureau of Alcohol, Tobacco, Firearms and Explosives, DEA Centralia Post of Duty, and certain DEA Task Forces: JNET, Tucson Strike Force, and Phoenix Group 16 DEALERS.
The case was prosecuted by Richard R. Barker and Stephanie Van Marter, Assistant United States Attorneys for the Eastern District of Washington.
Moses Lake Man Sentenced to 11 Years for Conspiracy to Distribute MethamphetamineRead the Press Release
Spokane – Today, United States Attorney Vanessa R. Waldref announced that U.S. District Judge Thomas O. Rice has sentenced Mario Robert Crittenden, 24, of Moses Lake, Washington, to 132 months in federal prison for Conspiracy to Distribute 50 Grams or More of Actual Methamphetamine. Crittenden previously pleaded guilty on June 2, 2022. Judge Rice also ordered Crittenden to serve an additional five years on federal supervision after he is released from prison.
According to court documents, Crittenden, a documented gang member, facilitated the distribution of significant quantities of methamphetamine and heroin to an undercover Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) agent. During a year-long investigation beginning in April 2020 and continuing through April 2021, Crittenden coordinated the exchange of money for controlled substances on 15 occasions, resulting in the seizure of over two pounds of methamphetamine. In addition to distributing controlled substances, Crittenden engaged in the sale of firearms. Crittenden also informed the undercover agent that he had previously engaged in a number of violent acts targeting rival gang members.
U.S. Attorney Vanessa R. Waldref commended the dedication of the investigators who investigated Crittenden and other gang associates involved in unlawful distribution of controlled substances into our communities. Through the diligence of these criminal investigators, another dangerous gang member who seeks to profit, whether monetarily or in establishing gang status, was removed from the community. By holding dangerous offenders such as Mr. Crittenden accountable, we help keep our communities in Eastern Washington safe and our neighborhoods strong.”
This case was prosecuted under the Project Safe Neighborhoods (PSN) program. PSN is a federal, state, and local law enforcement collaboration to identify, investigate, and prosecute individuals responsible for violent crimes in our neighborhoods. The U.S. Attorney’s Office is partnering with federal, state, local, and tribal law enforcement to specifically identify the criminals responsible for violent crime in the Eastern District of Washington and pursue criminal prosecution.
This case was investigated by the Spokane Resident Office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”), Federal Bureau of Investigation (FBI), Grant County Sheriff’s Office, and Moses Lake Police Department. This case was prosecuted by Patrick J. Cashman, an Assistant United States Attorney for the Eastern District of Washington.
Statement of U.S. Attorney Vanessa R. Waldref on November 2022 General ElectionRead the Press Release
Spokane – United States Attorney Vanessa R. Waldref announced today that Assistant United States Attorney (AUSA) George J.C. Jacobs, III will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2022, general election. AUSA Jacobs has been appointed to serve as the District Election Officer (DEO) for the Eastern District of Washington, and in that capacity is responsible for overseeing the District’s handling of election day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department Headquarters in Washington.
United States Attorney Waldref said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted in a fair and free election. Similarly, election officials and staff must be able to serve without being subject to unlawful threats of violence. The Department of Justice will always work tirelessly to protect the integrity of the election process.”
The Department of Justice has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud. The Department will address these violations wherever they occur. The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.
Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice. The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).
United States Attorney Waldref stated that: “The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise can exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of voting rights concerns and election fraud during the upcoming election, and to ensure that such complaints are directed to the appropriate authorities, AUSA/DEO Jacobs will be on duty in this District while the polls are open. He can be reached by the public at the following telephone number:509-353-2767.”
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at 509-458-8100.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/ .
United States Attorney Waldref said, “Ensuring free and fair elections depends in large part on the assistance of the American electorate. It is important that those who have specific information about voting rights concerns or election fraud make that information available to the Department of Justice.”
Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
Spokane Man Sentenced to More than a Decade in Federal Prison for Possession of Child PornographyRead the Press Release
Spokane – On October 27, 2022, U.S. District Judge Thomas O. Rice sentenced Paul Aaron Murray, 49, of Spokane, Washington, to 126 months in federal prison for Possession of Child Pornography. Murray pleaded guilty on March 28, 2022, the morning that trial in the case was scheduled to begin. Judge Rice also ordered Murray to serve an additional five years on federal supervision after he is released from prison, and Murray will be required to pay $24,000 in restitution to victims and $5,000 to a fund set up for victims who may request restitution in the future. The devices Murray used to commit his crime were ordered forfeited by Judge Rice. In announcing the sentence, Judge Rice referred to the material Murray collected as depicting the extreme abuse of infants and toddlers and the victimization of the most vulnerable members of our society.
According to court documents and proceedings, dating back to 2013, Murray had in interest in, downloaded, and viewed child pornography depicting very young children. In 2017, federal agents downloaded child pornography files from a computer traced to Defendant’s Spokane residence. Agents then obtained and executed a search warrant at Murray’s residence, seizing a number of Murray’s computers, phones, and storage media. Investigators discovered over two million internet searches for child pornography using commonly used terms for such searches. This was in addition to hundreds of child pornography images, videos, and anti-forensic software used to delete files on Murray’s devices.
United States Attorney for the Eastern District of Washington, Vanessa R. Waldref, commended the dedication of the investigators and prosecutors who continued to investigate Defendant’s online criminal activity, even while the case was litigated for over four years and credited the substantial sentence to their diligence and pursuit of justice. “Mr. Murray serves as a reminder to us all that child predators may hide in the places we least expect,” said U.S. Attorney Waldref. “By outward appearances, Mr. Murray was a law-abiding citizen and family man. The sentence imposed reflects that underneath this veneer was a deviant interest in and years-long victimization of the most vulnerable among us.”
Assistant United States Attorney Ann T. Wick, who led the United States’ prosecution in this case, stated, “I am fortunate to work with such incredible law enforcement agents, who work tirelessly to protect children in our communities. While the work is never easy, these agents’ skill, professionalism, and dedication helps ensure that those who victimize the most vulnerable in our community are held accountable and that the victims’ voices are heard.”
This case was pursued as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals, who sexually exploit children, and to identify and rescue victims. The Project Safe Childhood Initiative (“PSC”) has five major components:
- Integrated federal, state, and local efforts to investigate and prosecute child exploitation cases, and to identify and rescue children;
- Participation of PSC partners in coordinated national initiatives;
- Increased federal enforcement in child pornography and enticement cases;
- Training of federal, state, and local law enforcement agents; and
- Community awareness and educational programs.
For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
This case was investigated by the Homeland Security Investigations, with the support of the Southeast Regional Internet Crimes Against Children Task Force, which includes detectives from the Kennewick and Richland Police Departments. This case was prosecuted by Ann T. Wick and Alison L. Gregoire, Assistant United States Attorneys for the Eastern District of Washington.
USAO Launches Initiative to Prevent Domestic Violence Homicides and Promote SafetyRead the Press Release
Yakima, Washington – Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, announced a new initiative to prevent domestic violence homicides and prevent abusers who have previously been convicted of domestic violence offenses from having access to firearms. U.S. Attorney Waldref and Assistant U.S. Attorney Michael J. Ellis have developed the Safe Homes, Safe Community initiative as part of the Project Safe Neighborhood community policing program. In Yakima, the United States Attorney’s Office works in collaboration with the Yakima Police Department (“YPD”), the Yakima County Prosecutor’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), and community domestic violence survivor support groups to identify potential cases involving individuals with histories of domestic violence who unlawfully possess firearms.
Early in 2022, U.S. Attorney Waldref and AUSA Ellis began working with the Yakima Police Department domestic violence team to target individuals who were identified as repeat domestic violence abusers in possession of firearms. Data shows that offenders with a history of domestic violence pose a high risk of homicide to their family members. Indeed, domestic violence offenders with a gun in the home are five times more likely to kill their partners than other offenders. This summer, the Department of Justice Office of Violence Against Women awarded twelve Firearms Technical Assistance Project (“FTAP”) grants designed to help communities implement promising practices to prevent abusers from having access to firearms in domestic violence cases. The Yakima Police Department receive a $500,000 grant to continue to develop innovative strategies to respond and prevent domestic violence homicides and related gun crimes.
“Domestic violence is a significant source of firearm-related violence in Eastern Washington and in the Yakima Valley. The unlawful possession of firearms by domestic violence abusers is too often deadly for victims of intimate partner violence and lethal for law enforcement officers responding to emergency calls,” said U.S. Attorney Waldref. “We have also seen a pattern in our cases, that individuals involved in violent crime also have a history of domestic violence or have grown up in homes plagued by violence. Safe Homes, Safe Community addresses victim safety, law enforcement safety and community safety.”
Several cases have already been charged in Yakima as part of Safe Homes, Safe Community. The Indictments are the result of the collaborative efforts of the United States Attorney’s Office, ATF, and YPD, who work together as part of the U.S. Attorney’s Project Safe Neighborhoods (“PSN”) initiative. PSN is a critical piece of the Department of Justice’s crime reduction efforts. The PSN program focuses on prosecuting individuals who most significantly drive violence in our communities. It supports and fosters partnerships between law enforcement, schools, the faith community, and local community leaders, to prevent and deter future criminal conduct. In the Eastern District of Washington, U.S. Attorney Waldref has designated Yakima County for this special community-based crime-fighting program, to focus on reducing gang and gun-related violent crime in the Yakima Valley.
As part of the Safe Homes, Safe Community Initiative, United States Attorney Waldref announced the recent filing of Indictments against the following Defendants:
1. United States v. Jose Trinidad Dealba: Indicted on October 12, 2022 for felon in possession of a firearm. Dealba is separately charged before the Yakima County Superior Court with, among other felony offenses, assault in the second degree arising from a domestic violence incident and multiple counts of assault in the first degree arising from an altercation with officers from the Yakima Police Department.
2. United States v. Jeremiah Ledesma-Morales: Indicted on July 12, 2022 for felon in possession of a firearm. Ledesma-Morales is separately charged before the Yakima County Superior Court with, among other felony offenses, residential burglary, robbery in the first degree, and assault in the second degree arising from a domestic violence incident.
3. United States v. James Duane Deckard: Indicted on June 22, 2022 for unlawful user of controlled substances and person convicted of a misdemeanor crime of domestic violence in possession of a firearm and ammunition.
“We’ve seen too many cases in which domestic abusers have acquired and then used firearms to hurt or kill others,” said ATF Seattle Field Division Special Agent in Charge Jonathan T. McPherson. “ATF’s mission includes investigating those who possess and use firearms illegally. To continue doing this, we’re proud to partner in Safe Homes, Safe Community to make our communities and families safer and keep firearms out of the hands of domestic abusers.”
“Domestic violence is a scourge in our community,” said YPD Chief Matthew Murray. “Too many lives have been deeply impacted and even taken. In Yakima, we have redoubled our efforts to reduce domestic violence and have learned a great deal in the process. Domestic violence may be the single biggest driver of future violent crimes of all types. Amazingly, U.S. Attorney Waldref learned about this effort, got some formidable minds together in her office, and developed a strategy to help. In my 33 years in law enforcement, I have never seen anything like this cooperative effort. Some domestic violence suspects now face federal charges, which is another powerful way to protect victims and potential victims. I sincerely appreciate the incredible relationship and look forward to see the results from these efforts!”
“I commend the important work by the Yakima Police Department and ATF to develop and implement a model to quickly address dangerous domestic violence situations, identify the possession of unlawful firearms and reduce the risk of intimate partner homicide and community violence,” continued Assistant U.S. Attorney Michael Ellis. “We will continue to work with our state and federal law enforcement partners to protect public safety and victims of domestic violence.”
In an emergency, victims of domestic violence should call 911 or contact state or local law enforcement officials, who can respond to these crimes. Individuals in need of non-emergency assistance can also call the National Domestic Violence Hotline at 1-800-799-SAFE or visit www.TheHotline.org.
These cases were investigated by Yakima Police Department, Zillah Police Department, and Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorneys Michael J. Ellis is prosecuting these cases on behalf of the United States.
An indictment is merely an allegation. All Defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Spokane Man Sentenced to 12 Years for Child ExploitationRead the Press Release
Spokane, Washington – Senior United States District Judge Rosanna Malouf Peterson sentenced Bobby Charles Owens, 46, of Spokane, Washington, to 12 years in federal prison for persuading a minor girl to produce sexual images of herself and then meeting her in person for the purpose of engaging in sex with her. Judge Peterson also ordered Owens to serve the remainder of his life on federal supervision after he is released from prison. Owens pleaded guilty earlier this year.
According to court documents and proceedings, Owens used Facebook to solicit the minor girl to engage in sexual misconduct with him. Knowing that the girl was between 14 and 18, Owens met her in person for the purpose of having sex with her, after requesting that she take and send him sexual images of herself. Owens was charged with child sex trafficking and child pornography crimes.
Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, praised the victim’s bravery and commended the FBI’s sensitive and victim-centered approach to its investigation. “Children must be safe from sexual predators, whether they are online or in person,” said U.S. Attorney Waldref. “FBI and the Spokane Police Department, along with victim specialists and forensic examiners all took care to put the minor’s needs at the forefront of their investigation. Protecting children from harm, especially sexual exploitation online and IRL (in real life), is critical to building a safe and strong Eastern Washington community.”
“It is difficult to think of an act more despicable than victimizing a child,” said Richard Collodi, Special Agent in Charge of FBI Seattle Field Office. “I especially appreciate the professionalism of the investigators who worked on this case. I hope today’s sentence provides some comfort to a young person who endured a situation no one should ever have to face.”
Project Safe Childhood Coordinator David M. Herzog added, “Above all, I commend the victim on having the strength to come forward and shine a light on Mr. Owens’ misconduct. Today this strong, brave young woman can turn the page on this chapter in her life and look forward to a bright future.”
This case was pursued as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals, who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
This case was investigated by the Spokane Resident Office of the FBI, with significant assistance from the Spokane Police Department. The case was prosecuted by David M. Herzog, Assistant United States Attorney for the Eastern District of Washington.
Idaho Business Owner Pleads Guilty to Criminal Clean Air Act Violation in Connection with Asbestos ExposureRead the Press Release
Spokane, Washington – Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, announced today that Alexander Borys Mischenko, age 75, of Priest River, Idaho, pled guilty to criminal violation of the Clean Air Act in connection with asbestos contamination at a site in Spokane in 2018. Senior District Judge Rosanna Malouf Peterson accepted Mischenko’s guilty plea, and set sentencing for January 24, 2023, at 2 p.m. in Spokane, Washington.
According to the plea agreement and other information disclosed during court proceedings, in October 2017, Mischenko and his company, Buck Creek Sales, signed a contract to dismantle a legacy industrial building located on Magnesium Road in North Spokane and known as “Building 5.” Mischenko’s contract included funding to commission and perform an asbestos survey to determine whether and to what extent Building 5 contained asbestos.
Asbestos is a naturally-occurring mineral that, due to its insulating and fire-resistant properties, was a commonly-used material in buildings constructed prior to 1980, such as Building 5. Because inhalation of asbestos fibers has been linked to various dangerous lung conditions, including mesothelioma, asbestosis, and lung cancer, asbestos-containing material is regulated by the Environmental Protection Agency (EPA) and, in Spokane County, by the Spokane Regional Clean Air Agency (SRCAA).
According to information disclosed in court, in late 2017, a certified asbestos inspector did perform an asbestos survey of Building 5. The survey showed significant quantities of asbestos-containing material in Building 5, including approximately 2,600 linear feet of asbestos-containing material known as thermal systems insulation (TSI). The survey noted that the asbestos-containing TSI was “friable” (that is, easily crumbled with hand pressure), and, therefore, “will require removal by a licensed asbestos contractor prior to any renovation or demolition activity that would directly impact these materials.” Mischenko was provided a copy of the survey report on or about December 4, 2017.
Subsequent to receiving the survey results, Mischenko, who was not a licensed asbestos contractor, and at least one employee, cut the asbestos-containing TSI off of the pipe and disposed of the pipe. Mischenko then placed the asbestos-containing TSI into 14 unsealed sacks and one open-top wooden crate, and moved the sacks and the crate to a nearby building, where they remained until they were found by inspectors from SRCAA and, later, EPA. Mischenko did not notify SRCAA or EPA prior to engaging in the work, which, due to the work methods employed by Mischenko, released significant quantities of asbestos fibers into the air as well as scattered on the floor of Building 5.
In summer 2022, U.S. Attorney Waldref, who previously served as Trial Attorney with DOJ’s Environment and Natural Resources Division and an environmental law professor at Gonzaga University’s School of Law, was selected to lead the Environmental Justice & Environmental Issues Subcommittee for the Attorney General’s Advisory Committee. As the subcommittee chair, U.S. Attorney Waldref plays a key role in leading and coordinating DOJ’s criminal and civil environmental enforcement efforts.
“Environmental Justice is a critical public health priority,” said U.S. Attorney Waldref. “When businesses or individuals cut corners to save money, and fail to take seriously the public health risk posed by dangerous contaminants like asbestos, the entire community is harmed, but the harm falls disproportionately on marginalized and disadvantaged members of our community who are more likely to be affected and less likely to have access to health care and other services.”
Pursuant to the terms of the Plea Agreement, Mischenko faces up to two years in federal prison for failing to notify EPA and SRCAA prior to undertaking the asbestos work, and must make full restitution to all victims in an amount to be determined at sentencing.
“I commend the wonderful work by the Spokane Regional Clean Air Agency in uncovering this dangerous situation and quickly working to address it, as well as the stellar investigative work by EPA’s Criminal Investigation Division,” added Assistant United States Attorney Dan Fruchter, the District’s Environmental Crimes Coordinator. “We will continue to work with our state and federal law enforcement partners to protect public health and our precious natural resources.”
U.S. Attorney Vanessa Waldref encourages residents to contact the U.S. Attorney’s Office at (590) 835-6306 or by email at [email protected] when also contacting local, state, or federal agency hotlines or websites to report environmental, health and safety concerns. Air quality violations can be reported to the EPA at: https://echo.epa.gov/reportenvironmental-violations.