Eastern District of Washington
Press releases recorded for this federal judicial district.
Spokane Valley Man Sentenced to 15 Years for Attempted Production of Child PornographyRead the Press Release
Spokane – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that James Andrew Joy, age 29, of Spokane Valley, Washington, was sentenced today after having pleaded guilty on April 11, 2018, to Attempted Production of Child Pornography. Chief United States District Judge Thomas O. Rice sentenced Joy to a 15-year term of imprisonment, to be followed by a 20-year term of court supervision after he is released from prison. Upon release from prison, Joy will be required to register as a sex offender for the rest of his life.
According to court records, the Spokane County Sheriff’s Office (SCSO) was investigating a user’s profile on the social networking website MeetMe after it appeared the profile was soliciting images of child pornography. SCSO’s investigation, including discovery of Internet Protocol addresses for the suspect account, showed James Joy was using the account. However, Joy had set up the account under an alias name and was purporting to be a 14-year old child.
The Federal Bureau of Investigation joined the investigation and ultimately the two agencies interviewed Joy. Joy admitted he created fictitious MeetMe accounts for the purposes of contacting juvenile females in an effort to have them produce child pornography for him. When investigators asked Joy why he purported to be a 14-year old child in his profiles, Joy explained that if he used his real age he would have been unable to access anyone who was under 18. Joy indicated he contacted “hundreds” of minor-age females in an effort to obtain nude photographs of them, and he succeeded in obtaining photographs from about ten of them. Joy explained that he pursued these minor-age children because it was an adrenaline rush, though he knew it was wrong. In several instances, Joy threatened to distribute the pornographic images he had received to the minor-aged victims' family members and friends through social networking sites unless they produced more. The ages of Joy’s victims ranged from 13 to 16 years old. Joy also used Kik Messenger and Snapchat to communicate with minors.
United States Attorney Harrington said, “This case is a fine example of the great work that can be accomplished when state and federal law enforcement work together. The United States Attorney’s Office will continue to prosecute aggressively child exploitation crimes that occur in the Eastern District of Washington.”
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 Federal Bureau of Investigation Spokane Child Exploitation Task Force in conjunction with the Spokane County Sheriff’s Office. This case was prosecuted by Alison L. Gregoire, an Assistant U.S. Attorney for the Eastern District of Washington.
Federal Court Dismisses Spokane Postal Service Employee’s Discrimination CaseRead the Press Release
Spokane– Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that United States District Judge Salvador Mendoza, Jr. dismissed a discrimination case filed against the U.S. Postal Service by Justin Harter, a former temporary employee.
According to information disclosed during court proceedings, Harter, a resident of Missoula, Montana who has American Indian/Alaska Native heritage, worked as a temporary Postal Support Employee (PSE) during the 2014 holiday season at the U.S. Postal Service’s Processing and Distribution Center near the Spokane Airport. Harter and several other temporary PSEs were let go after the Christmas holiday season. In 2015, Harter applied for temporary holiday positions with the U.S. Postal Service but was not rehired.
Harter filed a complaint with the Postal Service’s Equal Employment Opportunity Office (EEO) claiming race and gender discrimination. After the EEO found no discrimination, Harter filed suit in federal court. Harter’s civil complaint alleged race and gender-based discrimination, breach of employment contract, and use of prohibited practices by the Postal Service.
In dismissing Harter’s race and gender-based discrimination claims, Judge Mendoza found Harter had not produced evidence that he suffered an adverse employment action connected to gender discrimination or that the Postal Service treated him differently because of his race. Judge Mendoza also concluded the Postal Service had articulated a legitimate, non-discriminatory reason for not rehiring Harter in 2015. Judge Mendoza dismissed Harter’s breach of contract and prohibited practices claims in November/December 2017.
U.S. Attorney Harrington said, “Claims of employment discrimination in federal employment are taken seriously. But when meritless lawsuits are brought, our office is dedicated to vigorously defending those suits and protecting the public purse.”
This case was defended by Rudy J. Verschoor, an Assistant United States Attorney for the Eastern District of Washington.
Operation Hopscotch Results in Arrests of Sixty Two Violent Offenders in the Eastern District of WashingtonRead the Press Release
Spokane – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced today that the United States Marshals Service coordinated a federal, state and local law enforcement operation, called “Operation Hopscotch,” that resulted in the arrests of sixty-two violent offenders in Grant, Chelan and Douglas Counties over the course of ten days. The Pacific Northwest Violent Offender Task Force, U.S. Marshals Service, U.S. Border Patrol, Homeland Security Investigations, Grant County Sheriff’s Office, Chelan County Sheriff’s Office, Douglas County Sheriff’s Office, Moses Lake Police Department, Wenatchee Police Department and East Wenatchee Police Department partnered in Operation Hopscotch to locate and arrest sex offenders and other violent offenders with outstanding active arrest warrants. Operation Hopscotch also led to the apprehension of fugitives based on arrest warrants issued from California and Idaho, as well as the arrests of offenders located in Arizona and Texas. During the operation, law enforcement officers seized approximately 180 grams of methamphetamine and $2,000 in counterfeit U.S. currency.
Craig Thayer, United States Marshal for the Eastern District of Washington, said, “The United States Marshals Service is very appreciative of the partnerships we have with the city, county, state, and other federal law enforcement agencies that worked diligently to make this warrant operation a tremendous success. “Sixty -Two” violent offenders with active warrants were arrested and taken to jail. Our communities are safer as a result of these cooperative efforts that help to hold these violent offenders accountable to the justice system.”
Harrington stated, “On behalf of the citizens of the Eastern District of Washington: Well Done!”
The U.S. Marshals Service led-Pacific Northwest Violent Offender Task Force (“PNVOTF”) is comprised of federal, state, and local law enforcement officers from Washington, Oregon, and Alaska. The PNVOTF in Eastern Washington is comprised of full-time members from the Yakima County Sheriff’s Office, Benton County Sheriff’s Office, Kennewick Police Department, Washington State Department of Corrections, and U.S. Border Patrol with part-time officers from agencies throughout the district. The mission of the PNVOTF is to locate, arrest and bring to justice the most egregious federal, state, and local violent offenders.
Spokane Man Sentenced to 21 Years for Production of Child PornographyRead the Press Release
Spokane – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Freedom Woody, age 22, of Spokane, Washington, was sentenced today after having pleaded guilty to on February 21, 2018 to production of child pornography. Chief United States District Judge Thomas O. Rice sentenced Woody to a 21-year term of imprisonment, to be followed by a 30-year term of court supervision after he is released from federal prison. Upon release from prison, Woody will be required to register as a sex offender for the rest of his life.
According to information disclosed during court proceedings, investigators found Woody and a 13-year old girl from Oregon in a homeless camp near the Spokane River after the girl’s grandmother reported her missing. When interviewed by officers, Woody admitted having sex with her. A search of Woody’s phone revealed child pornography images of seven additional minor aged victims. Woody enticed the minors to engage in sexual activity with him, produced child pornography, and distributed several of the images.
United States Attorney Harrington said, “This case is a fine example of the great work that can be done when state and federal law enforcement work together. The United States Attorney’s Office will continue to prosecute aggressively child exploitation crimes that occur in the Eastern District of Washington.”
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 Federal Bureau of Investigation Spokane Child Exploitation Task Force in conjunction with the Spokane County Sheriff’s Office and the Spokane Police Department. This case was prosecuted by Alison L. Gregoire, an Assistant U.S. Attorney for the Eastern District of Washington.
Round Valley Tribal Member Convicted of Domestic Violence Sentenced to 87 Months ImprisonmentRead the Press Release
Spokane – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Walter Richard Harrington, age 54, a member of the Round Valley Indian Tribes recently residing in Tieton, Washington, was sentenced today after having pleaded guilty on November 2, 2017 to assault by strangling on Indian Reservation. United States District Judge Stanley A. Bastian sentenced Harrington to an 87-month term of imprisonment, to be followed by a three-year term of court supervision after he is released from federal prison.
According to information disclosed during court proceedings, in March 2017, Harrington brutally beat, strangled, and kicked an adult female within the external boundaries of the Yakama Nation Indian Reservation. Due to the violent nature of the attack, the victim suffered multiple injuries including two broken ribs. Harrington was serving a term of probation at the time of the assault. Harrington has a long criminal record including convictions for rape, assault, theft, and six separate convictions for driving under the influence.
United States Attorney Harrington said, “This case is yet another example of the strong working partnerships developed among Tribal, County, and Federal law enforcement agencies. Prosecuting domestic violence assaults that occur within any of the four Indian Reservation in the Eastern District of Washington is a priority for the United States Attorney’s Office.”
This case was investigated by the Yakama Nation Tribal Police Department, the Yakima County Sheriff’s Office, and the Federal Bureau of Investigation. The case was prosecuted by Tom Hanlon, an Assistant United States Attorney for the Eastern District of Washington.
Toppenish Woman Sentenced to over 29 Years Imprisonment for Second Degree Murder and Discharging a Firearm During a Crime of ViolenceRead the Press Release
Spokane– Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Jennifer Joyce Douglas, age 37, of Toppenish, Washington, was sentenced after having pleaded guilty on February 16, 2018, to second degree murder and discharging a firearm during a crime of violence. United States District Judge Salvador Mendoza, Jr. sentenced Douglas to a 235-month term of imprisonment for second degree murder and a consecutive 120-month term of imprisonment for discharging a firearm during a crime of violence, to be followed by a five year term of court supervision following release from federal prison. Judge Mendoza also ordered Douglas to pay the surviving victim and deceased victim’s family $282,007.00 in restitution.
According to information disclosed during court proceedings, Yakama Nation police officers and deputies with the Yakima County Sheriff’s Office responded to a residence in Wapato, Washington, after receiving a 911 call. In one bedroom, officers saw an unconscious victim with multiple gunshot wounds on the floor. This person showed signs of life, and was transported to the hospital. In another bedroom, officers found a deceased victim shot in the face. It appeared to be an execution-style killing because of the medical examiner’s findings that the firearm had been discharged within close proximity of the victim. As officers investigated the crime scene, they also determined someone had discharged a firearm at the water heater, causing flooding in the residence.
A short time later, a police officer initiated a traffic stop on a vehicle driven by Douglas, but registered to one of the victims. Douglas told the officer she borrowed the vehicle the previous day. She appeared to be under the influence of drugs. Douglas was arrested and booked into the Yakima County Jail. The next day, when interviewed by FBI agents, Douglas admitted shooting both victims. Douglas stated it was a blur, and “I don’t know why I did it.” The motive for the shootings is unclear.
United States Attorney Harrington said, “This case is an example of the superb work that can be accomplished when federal, state, tribal and local law enforcement work together. The United States Attorney’s Office for the Eastern District of Washington, the Federal Bureau of Investigation, and the Yakama Nation Tribal Police Department, Yakima County Sheriff’s Office, and Wapato Police Department are committed to investigating and prosecuting violent crimes occurring in the exterior boundaries of the Yakama Nation.”
This case was investigated by the Federal Bureau of Investigation, Yakama Nation Tribal Police Department, Yakima County Sheriff’s Office, and Wapato Police Department. The case was prosecuted by Meghan McCalla and Thomas Hanlon, Assistant United States Attorneys for the Eastern District of Washington.
Wellpinit Man Sentenced to 60 Months for Possession with the Intent to Distribute MethamphetamineRead the Press Release
Spokane – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Bazil N. Peone, age 31, of Wellpinit, Washington, was sentenced after having pleaded guilty on February 15, 2018, to possession with intent to distribute five grams or more of pure methamphetamine. United States District Judge Stanley A. Bastian sentenced Peone to a 60-month term of imprisonment, to be followed by a five-year term of court supervision after he is released from Federal prison.
According to information disclosed during court proceedings, Kalispel Tribal Police officers received information that someone was residing without permission at an apartment in Airway Heights, Washington. On October 26, 2017, the officers entered the apartment with a key, encountered the lone occupant, Peone, and arrested him. After obtaining a warrant to search the apartment, officers seized 74 grams of heroin, 44.5 grams of pure methamphetamine, 4.8 grams of cocaine, psilocybin mushrooms, scales, distribution supplies, drug paraphernalia, drug ledgers, several firearms and rounds of ammunition, and two ballistic vests.
Joseph H. Harrington said, “Prosecuting drug crimes continues to be a priority for the United States Attorney’s Office for the Eastern District of Washington. Individuals who engage in the illegal distribution of controlled substances should be aware that there are serious criminal penalties connected with drug distribution and that this Office is committed to prosecuting aggressively drug and firearm-related cases in the Eastern District of Washington.”
This case was investigated by the Kalispel Tribal Police, the Bureau of Indian Affairs, and the Spokane Resident Office of the United States Drug Enforcement Agency. This case was prosecuted by Patrick J. Cashman, Assistant United States Attorney for the Eastern District of Washington.
Malott Habitual Domestic Violence Offender Sentenced to 120 MonthsRead the Press Release
Spokane–Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Joseph Trevino, age 35, of Malott, Washington, was sentenced after having pleaded guilty on March 15, 2018, to Domestic Assault by a Habitual Offender. United States District Judge Stanley A. Bastian sentenced Joseph Trevino to a 120-month term of imprisonment, to be followed by a three-year term of court supervision after he is released from federal prison.
According to court records, Trevino had previously been convicted of Fourth Degree Assault, Domestic Violence in Okanogan County and Pierce County District Courts in 2005 (having been arrested in 2004) and 2006 respectively. He was then convicted of Battery Domestic Violence in 2015 in Tribal Court for the Confederated tribes of the Colville Reservation. This case involved yet another domestic violence assault in October of 2017. The most recent assault marked Trevino’s fourth domestic violence offense.
Trevino’s 2015 and 2017 offenses were his most violent domestic violent offenses. The 2015 offense left the victim with her nose broken in two places and requiring stitches in her forehead and lip. Trevino’s most recent offense, in October 2017, gave the victim a broken rib, a hematoma on her spleen and bruises all over her body.
Judge Bastian told Trevino, “The facts of this case are very serious in and of themselves, independent of the serious history that you have” and the victim’s “injuries reflected you were acting in a way you have acted consistently with respect to domestic partners.” Judge Bastion further commented that Trevino abused his domestic partners since 2004 and protecting the public was an important sentencing factor.
United States Attorney Harrington said, “The United States Attorney’s Office for the Eastern District of Washington, the Federal Bureau of Investigation, and the Colville Tribal Police Department are committed to investigating and prosecuting violent crimes occurring in the exterior boundaries of the Colville Indian Reservation.”
This investigation was conducted by the Federal Bureau of Investigation and the Colville Tribal Police. The case was prosecuted by Alison L. Gregoire, Assistant United States Attorney for the Eastern District of Washington.
Washington Closure Hanford Agrees to Pay $3.2 Million to Settle Hanford Subcontract Small Business Fraud AllegationsRead the Press Release
Spokane – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced today that Washington Closure Hanford, LLC (WCH), a prime contractor at the Department of Energy’s Hanford Site, has agreed to pay $3.2 million to resolve allegations that WCH violated the False Claims Act in connection with a number of small business subcontracts. The case originally arose out of a whistleblower complaint filed by Savage Logistics LLC, a Hanford-area small business, and Salina Savage, its owner.
Between 2005 and 2016, WCH, a joint venture owned by AECOM (formerly URS Corporation), Bechtel National Inc., and CH2M Hill Companies Ltd., was a DOE prime contractor at the Hanford Site responsible for environmental remediation and cleanup of the Columbia River Corridor. Pursuant to its contract, DOE fully reimbursed WCH for hundreds of millions of dollars in subcontracts awarded by WCH. Accordingly, WCH’s contract required that WCH make efforts to award a certain percentage of those subcontracts to small businesses and to small disadvantaged businesses, including woman-owned small businesses.
In December 2013, the United States filed a Complaint in Intervention alleging that WCH, Federal Engineers & Constructors, (FE&C) a non-small disadvantaged business that performed work for WCH, Sage Tec LLC, a purported small disadvantaged business, and Laura Shikashio, the owner of Sage Tec, violated the False Claims Act with respect to two subcontracts between WCH and Sage Tec. The Complaint alleged that WCH, FE&C, Sage Tec, and Laura Shikashio knowingly misrepresented Sage Tec to be a legitimate and eligible small disadvantaged business in order to receive two multi-million dollar subcontracts that were reserved for small disadvantaged businesses. The Complaint further alleged that Sage Tec was not a legitimate small disadvantaged business but was instead a pass-through front company for FE&C, which performed substantially all of the work on the subcontracts.
According to information disclosed during court proceedings, this settlement resolves WCH’s liability for the alleged conduct set forth in the United States’ Complaint, bringing the United States’ total recoveries in this case from all defendants to more than $5.5 million. In August 2017, the Court denied WCH’s motion to limit the United States’ damages to those remedies set forth in WCH’s contract, holding that damages could be measured by the entire amount of the fraudulently-obtained Sage Tec contracts. In September 2017, in separate settlements, FE&C paid $2 million to resolve its liability, and Sage Tec and Shikashio paid $235,000 to resolve their liability. WCH was the sole remaining defendant with respect to the United States’ claims.
United States Attorney Harrington said, “Small business fraud not only harms the taxpayers and the vital cleanup mission at Hanford, but legitimate small disadvantaged businesses that do not have the opportunity to fairly compete for and perform subcontracts. I commend the outstanding investigative work performed by the Department of Energy Office of Inspector General and Small Business Administration Office of Inspector General, which made this resolution possible. The United States Attorney’s Office for the Eastern District of Washington will pursue aggressively those who defraud and take advantage of programs designed to help legitimate small disadvantaged businesses”
“Providing false representations to the Government in order to conceal the true nature of small business subcontractor involvement will result in severe consequences,” said SBA Acting Inspector General Hannibal “Mike” Ware. “SBA OIG is committed to protecting the integrity of SBA’s preferential contracting programs. I want to thank the Department of Justice and our law enforcement partners for their dedication and hard work in achieving this settlement.”
Department of Energy Principal Deputy Inspector General April G. Stephenson said, “The Department of Energy Office of Inspector General is committed to ensuring the integrity of Departmental contracts and financial expenditures. We will continue to investigate allegations of fraudulent diversion of tax dollars throughout DOE programs. This settlement is a result of our staff’s dedicated work to ensure public funds are used for the mission-related purposes for which they are intended. We appreciate the collaboration with our law enforcement partners and the support of Department of Justice attorneys in these matters.”
SBA’s General Counsel, Chris Pilkerton, said, “These successful prosecutions demonstrate the tremendous results achieved through the combined efforts of federal agencies to uncover and forcefully respond to procurement fraud. SBA is strongly committed to identifying and aggressively pursuing instances of fraud perpetrated by those participating in SBA’s Small Business programs.”
The case is captioned as United States of America ex rel. Salina Savage, Savage Logistics LLC, vs. Washington Closure Hanford LLC, Federal Engineers and Constructors, Inc., Sage Tec LLC, and Laura Shikashio, CV-10-5051-SMJ. The whistleblowers will receive $643,000 as a result of the settlement. The investigation was conducted by the Department of Energy Office of Inspector General and the Small Business Administration Office of Inspector General. This case was prosecuted by Assistant United States Attorneys Tyler Tornabene, Vanessa Waldref, and Dan Fruchter, with analytical support from Affirmative Civil Enforcement Investigative Analyst Jeanne Harkleroad.
On 500th Day of Trump Administration, Attorney General Sessions Announces 311 New Assistant United States Attorney PositionsRead the Press Release
June 4, 2018 – On the 500th day of the Trump Administration, United States Attorney General Sessions, together with Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that the Department of Justice is taking a dramatic step to increase resources to combat violent crime, enforce our immigration laws, and help roll back the devastating opioid crisis.
In the largest increase in decades, the Department of Justice is allocating 311 new Assistant United States Attorneys to assist in priority areas. Those allocations are as follows: 190 violent crime prosecutors, 86 civil enforcement prosecutors, and 35 additional immigration prosecutors. Many of the civil enforcement AUSA’s will support the newly created Prescription Interdiction & Litigation Task Force which targets the opioid crisis at every level of the distribution system. The three AUSA positons allocated to the Eastern District of Washington will focus on violent crime, civil fraud enforcement, and immigration crimes.
"Under President Trump's strong leadership, the Department of Justice is going on offense against violent crime, illegal immigration, and the opioid crisis—and today we are sending in reinforcements," said Attorney General Sessions. "We have a saying in my office that a new federal prosecutor is 'the coin of the realm.' When we can eliminate wasteful spending, one of my first questions to my staff is if we can deploy more prosecutors to where they are needed. I have personally worked to re-purpose existing funds to support this critical mission, and as a former federal prosecutor myself, my expectations could not be higher. These exceptional and talented prosecutors are key leaders in our crime fighting partnership. This addition of new Assistant U.S. Attorney positions represents the largest increase in decades."
United States Attorney Harrington said: “The United States Attorney’s Office for the Eastern District of Washington is committed to combatting violent crime, attacking fraud, and addressing immigration matters together with our federal, state, local, and tribal law enforcement partners. The additional AUSA positions that have been allocated to the District will assist significantly in these efforts.”
The Eastern District of Washington is comprised of the eastern two-thirds of the State of Washington (approximately 41,826 square miles). The District is bounded by the Canadian border to the north, Idaho to the east, Oregon to the south, and the crest of the Cascade Mountains to the west. The District includes twenty Washington counties and four Indian Reservations.
Repeat Yakima Drug Dealer Sentenced to Life ImprisonmentRead the Press Release
Spokane – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Johnny Andres Asuncion, III, age 39, of Yakima, Washington, was sentenced today after having been convicted after a three-day jury trial in November, 2017, of Possession with Intent to Distribute 50 Grams or more of actual Methamphetamine. Senior United States District Judge Edward F. Shea sentenced Asuncion to a life term of imprisonment.
According to information disclosed during court proceedings, in early 2017 while looking for Asuncion at a house in Selah, Washington, officers with the Pacific Northwest Violent Offender Task Force observed him carrying a black case to a vehicle and drive away. At the time, Asuncion was the subject of an outstanding warrant for violations of court supervision stemming from a 2006 drug conviction. After seeing Asuncion drive away, officers initiated a traffic stop and arrested him. Shortly thereafter, a certified narcotics detection canine alerted on Asuncion’s vehicle and officers applied for and obtained a warrant to search Asuncion’s vehicle for illegal drugs. During their search, officers found the black case they had observed Asuncion carrying before he was arrested. The black case contained approximately one kilogram of methamphetamine, Asuncion’s driver’s license, bank debit card, and other personal items.
During the sentencing hearing, Judge Shea observed that Asuncion had four prior felony drug convictions which qualified him for a mandatory term of life imprisonment and the sentence imposed was appropriate in this case. Asuncion’s criminal history includes prior prosecutions by the United States Attorney’s Office for being a previously convicted felon in possession of a firearm in 2001 and again in 2004, for distribution of methamphetamine in 2006, and for a misdemeanor possession of methamphetamine in 2015.
U. S. Attorney Harrington said, “The Court’s sentence will protect the community, punish Asuncion, and deter others who might consider committing similar crimes in the Eastern District of Washington. I commend the law enforcement officers who investigated this case. Their seamless partnership resulted in the successful outcome of this matter. The United States Attorney’s Office for the Eastern District of Washington is, and will continue to be, committed to prosecuting aggressively and seeking appropriate punishment for offenders who distribute drugs in this District.”
The investigation was conducted by Yakima Police Department; Yakima County Sheriff’s Office; Law Enforcement Against Drugs Task Force; Pacific Northwest Violent Offender Task Force, and the Drug Enforcement Administration. The case was prosecuted by Benjamin D. Seal, an Assistant United States Attorney for the Eastern District of Washington.
Recognition of Law Enforcement Service and Sacrifice During National Police WeekRead the Press Release
May 14, 2018 – United States Attorney General Sessions, together with Joseph H. Harrington, United States Attorney for the Eastern District of Washington, recognized the service and sacrifice of federal, state, local, and tribal police officers on the occasion of National Police Week, and commented on the FBI's 2017 Law Enforcement Officers Killed and Assaulted report.
In October 1962, Congress passed and President Kennedy signed a joint resolution declaring May 15th as National Peace Officers Memorial Day to honor law enforcement officers killed or disabled in the line of duty. The resolution also created National Police Week as an annual tribute to law enforcement service and sacrifice. During Police Week, which is observed from Sunday, May 13 to Saturday, May 19, 2018, our nation celebrates the contributions of police officers from around the country, recognizing their hard work, dedication, loyalty and commitment in keeping our communities safe.
“One officer death is too many,” U.S. Attorney General Sessions said. “While we are inexpressibly grateful to have had a decrease in the number of officers killed in the line-of-duty last year, the number is still far too high. At the Department of Justice, we honor the memories of the fallen and we pray for their families. We are also following President Trump's Executive Orders to back the women and men in blue, to enhance law enforcement safety, and to reduce violent crime in America. Those priorities will help keep every American safe, including those who risk their lives for us. As always, we have their backs and they have our thanks.”
United States Attorney Harrington said “National Police Week is an opportunity to reinforce our strong commitment to law enforcement both here in the State of Washington and across the country. Every day our law enforcement officers carry out their sworn duties, risk is a constant companion. It is a privilege to honor these men and women who patrol our streets, guard our communities, and keep us safe from harm.”
Spokane will be hosting two events to honor law enforcement officers in the State of Washington who were killed or died in the line of duty next week:
- 5th Annual Candlelight Ceremony, Monday, May 14th at 7:30 p.m. at the Memorial, 1100 W. Mallon; and
- 31st Annual Law Enforcement Officers Memorial Ceremony, Tuesday May 15th at 11:30 a.m. at 1100 W. Mallon.
According to statistics collected by the FBI, 93 law enforcement officers were killed in line-of-duty incidents in 2017 – a 21 percent decrease from 2016 when 118 law enforcement officers were killed in line-of-duty incidents. Additionally, in 2017 there were 46 law enforcement officers killed in line-of-duty incidents as a result of felonious acts – this is a 30 percent decrease from 2016, when 66 law enforcement officer were killed in line-of-duty incidents as a result of felonious acts. For the full comprehensive data tables about these incidents and brief narratives describing the fatal attacks and selected assaults resulting in injury, please see the 2017 edition of Law Enforcement Officers Killed and Assaulted report, released today.
The names of all 93 fallen officers nationwide were formally dedicated on the National Law Enforcement Officers Memorial in Washington, DC, during the 30th Annual Candlelight Vigil on the evening of May 13, 2018. So that people across the country could experience this unique and powerful ceremony, the vigil was livestreamed. The Candlelight Vigil is one of many commemorative events taking place in the nation’s capital during National Police Week 2018.
For more information about other National Police Week events, please visit www.policeweek.org. To access the FBI's 2017 Law Enforcement Officers Killed and Assaulted report, please visit www.fbi.gov.
Pasco Convicted Felon Sentenced to 25 Years in Federal Prison for Drug Trafficking and Firearm PossessionRead the Press Release
Spokane – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Jared Ryan Marcum, age 39, of Pasco, Washington, was sentenced today after having been convicted on December 1, 2017, following two separate jury trials, of possession with intent to distribute methamphetamine, possession with intent to distribute heroin, possession of a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm. Senior United States District Judge Edward F. Shea sentenced Marcum to a 25-year term of imprisonment, to be followed by a 10-year term of court supervision following his release from federal prison.
According to information disclosed during court proceedings, Kennewick Police Department (KPD) Officers stopped a Cadillac due to an arrest warrant for its driver. Officers identified Marcum as the front-seat passenger and a known convicted felon. After arresting the driver, officers began an impound of the Cadillac because Marcum did not have a valid driver’s license. While inventorying the vehicle’s contents, officers discovered a handgun and suspected narcotics in the passenger seat glove box. After obtaining a search warrant, officers seized 288 grams of methamphetamine, 51 grams of heroin, a digital scale, and a loaded firearm. Marcum’s fingerprints and DNA were found on the scale and firearm.
At sentencing, Judge Shea noted that Marcum’s lengthy criminal history of drug dealing, violence, and possession of firearms indicated his “continued lack of respect for the law.” Judge Shea also imposed a 2-year concurrent term of imprisonment for Marcum’s commission of the offenses while on federal supervised release. In 2006, Marcum received a 10-year term of imprisonment for similar firearm-related conduct.
Harrington said, “The Court’s sentence will serve protect the community, punish Marcum, and deter others who might consider committing similar crimes in our community. I commend the law enforcement officers who worked on this case. Their seamless partnership resulted in the successful outcome of this matter. The United States Attorney’s Office for the Eastern District of Washington is, and will continue to be, committed to prosecuting aggressively and seeking appropriate punishment for offenders who possess with intent to distribute drugs and illegally possess firearms in this District.”
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. PSN has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.
This case was investigated by the cooperative efforts of the FBI, the Kennewick Police Department (KPD), KPD Criminal Apprehension Team, the Tri-Cities Violent Gang Safe Streets Task Force, the Washington State Patrol, the Bureau of Alcohol, Tobacco & Firearms, and the U.S. Drug Enforcement Administration. The case was prosecuted by Laurel J. Holland and Ian L. Garriques, Assistant United States Attorneys for the Eastern District of Washington.
The United States District Court for the Eastern District of Washington Appoints Joseph H. Harrington to Serve as United States AttorneyRead the Press Release
Today, by way of the Vacancies Reform Act, the United States District Court for the Eastern District of Washington appointed Joseph H. Harrington as the United States Attorney for the Eastern District of Washington. The Eastern District of Washington comprises the twenty counties east of the crest of the Cascade Mountains.
Harrington said, “I am humbled that the District Court extended me the honor of serving as the U.S. Attorney: I consider it a great honor and privilege. I look forward to continuing to work with the outstanding, dedicated Assistant U.S. Attorneys and staff in this office, together with our federal, state, county, local, and tribal law enforcement partners, to carry on the remarkable work being accomplished in the Eastern District of Washington. The office continues to ‘punch above its weight’”.
Harrington served as the Acting U.S. Attorney, then as Interim U.S. Attorney, since March 10, 2017. He worked for the U.S. Securities and Exchange Commission in Washington D.C. before joining the office in 1990. During his tenure in the office he has held the positions of First Assistant U. S. Attorney, Criminal Chief, Deputy Criminal Chief, Anti-Terrorism Advisory Coordinator, and Health Care Fraud Coordinator. Harrington was involved with the prosecutions of: Kevin W. Harpham, an avowed white supremacist who planted a sophisticated remotely-controlled IED along the route of the Martin Luther King, Jr. Day Unity March in Spokane; the Phineas Priest domestic terrorism case involving bank robberies and bombings of a Planned Parenthood office and a Spokane newspaper facility; and the Karl F. Thompson / Otto Zehm civil rights case. In addition to his broad-ranging criminal practice, Harrington has also defended the United States in civil cases involving medical malpractice tort claims, employment discrimination allegations, and the like. He has argued dozens of cases in the Ninth Circuit Court of Appeals.
Harrington received his J.D. from Gonzaga University in 1986, where he was a Thomas Moore Scholar (full academic scholarship) and served as the Editor-in- Chief of the Gonzaga Law Review. He holds a B.A. in Mathematics and a B.S. in Engineering.
Miami Man Sentenced to a Total of 174 Months in Federal Prison for ‘Credit Card Skimming’ ScamRead the Press Release
Spokane - Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Carlos Manuel Fleitas, age 31, of Miami, Florida, was sentenced after having pleaded guilty on January 23, 2018, to conspiracy to commit access device fraud. United States District Judge Salvador Mendoza Jr. sentenced Fleitas to a 30-month term of imprisonment, to run consecutive to a 144-month term of imprisonment the United States District Court for the Southern District of Florida imposed on October 10, 2017, for crimes he committed in that District.
During sentencing proceedings, Judge Mendoza told Fleitas his actions affected real people and caused a loss of money and security. Judge Mendoza stated that imposing a concurrent sentence to the Florida sentence would not accomplish the ends of sentencing, noting that Fleitas appeared to have no appreciation for what he has done, and a consecutive sentence was necessary.
United States Attorney Joseph H. Harrington said, “Fleitas is part of a widespread epidemic of credit card fraud that effects people across the nation. Today, Judge Mendoza handed down a fair sentence that reflects the need to punish and deter those responsible for such fraudulent schemes.”
According to court records, during October 2015, Fleitas manufactured skimming devices or “skimmers” and placed them inside gas pumps at gas stations in northern Idaho and eastern Washington. “Skimmers” are devices used to read and steal information from the magnetic strips of credit cards, debit cards, and other access device cards. They are battery-powered, stand-alone, self-sufficient devices that can store gigabytes of data.
After using his “skimmers” to steal unwitting consumers’ credit card information, Fleitas also manufactured counterfeit credit cards and sent the counterfeit cards and stolen information to a co-conspirator in Florida, Yordano Bonachea. In furtherance of the scheme, Bonachea then ran the Fleitas-manufactured counterfeit cards through a card reader/writer at his Florida residence and encoded the stolen account numbers on the cards.
As part of the scheme, Bonachea and another Florida-based conspirator, Gilner Ernesto Garcia, traveled to Spokane, Washington, to use the counterfeit credit cards to purchase as many gift cards as possible from businesses before returning to Florida and selling them to Fleitas. Fleitas had agreed to buy the fraudulently-obtained gift cards from his conspirators at a rate as low as fifty percent below the gift card’s face value, depending on the type of card.
Bonachea and Garcia arrived in Spokane, Washington, and drove to the Tri Cities, where they began using the stolen account information and counterfeit cards. Local law enforcement became aware of the scheme when a victim from Medical Lake notified investigators that her debit card had been used at a store in Kennewick without her permission. Store surveillance video showed Garcia and Bonachea conducting transactions using fraudulent cards.
Investigators determined that Bonachea and Garcia were staying at a local hotel. During execution of a search warrant at their room, investigators seized large stacks of gift cards with a value totaling over $35,000, thirty-five counterfeit credit cards bearing the name “Gilner Garcia,” and twenty-seven counterfeit credit cards bearing the name “Yordano Bonachea.” Each card contained a different account number. Overall, the cards contained the stolen account numbers of over fifty victims.
Fleitas was charged in the Eastern District of Washington for his role in the conspiracy. He was placed on standard pretrial release conditions and returned to Miami, Florida to await trial. His release conditions included the requirement that he wear a location-monitoring bracelet around his ankle. In defiance of his release conditions, Fleitas continued to steal credit card numbers by placing skimmers in gas pumps around Miami, Florida. A search of Fleitas’ home in Florida yielded counterfeit credit cards and gift cards, modified in-line gas pump skimmers, USB data cables modified to test and download gas pump skimmers, skimmer software discs, and several gasoline pump keys and security seals. New federal charges were filed against Fleitas in the Southern District of Florida. He was arrested and his pretrial release was revoked. Fleitas subsequently pleaded guilty in Florida to charges of conspiracy to commit access device fraud, possession of access device-making equipment, and aggravated identity theft, and was sentenced to a 144-month term of incarceration for the multiple crimes he committed there.
This case was investigated by the United States Secret Service, the Kennewick Police Department, Post Falls Police Department, and the Spokane County Sheriff’s Office. The case was prosecuted by Alison L. Gregoire and James A. Goeke, Assistant U.S. Attorneys for the Eastern District of Washington.
Spokane Man Sentenced to Twelve Months in Federal Prison for Bank Fraud ConspiracyRead the Press Release
Spokane – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced today that Brendon M. McCullough, age 22, of Spokane, Washington, was sentenced after having pleaded guilty on July 20, 2017, to conspiracy to commit bank fraud. United States District Judge Salvador Mendoza Jr. sentenced McCullough to a 12-month term of imprisonment, to be followed by a 5-year term of court supervision following release from Federal prison. The Court also ordered McCullough to pay $26,106 in restitution. During the sentencing hearing, Judge Mendoza stated that McCullough’s conduct caused a “loss of privacy, money and security” and “affected a whole lot of folks.” McCullough has been in custody since January 17, 2017.
According to information disclosed during court proceedings, McCullough and his conspirators stole bank credit/debit cards, checks, and PINs from mailboxes and used the stolen financial information to withdraw funds from victims’ bank accounts. McCullough and his conspirators also used stolen financial account information to transfer funds between victims’ accounts before making withdrawals, and forged and altered checks to enrich himself and other members of the conspiracy. Approximately twenty bank customers were affected.
Joseph H. Harrington said, “Prosecuting bank fraud and other white collar crime continues to be a high priority for our office. I commend the investigators from the U.S. Postal Inspection Service, Spokane County Sheriff’s Office, and Spokane Police Department for their excellent investigative work on this case. We will continue to work closely with our law enforcement partners to aggressively prosecute financial crimes in the Eastern District of Washington.”
This case was investigated by the U.S. Postal Inspection Service, Spokane County Sheriff’s Office, and Spokane Police Department. This case was prosecuted by George J.C. Jacobs, III, Assistant United States Attorney for the Eastern District of Washington.
Prescription Drug “Take Back Day” in the Eastern District of WashingtonRead the Press Release
Spokane – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Saturday, April 28, 2018, from 10:00 a.m. to 2:00 p.m., is National Prescription Drug “Take Back Day.” The event is an effort to rid homes of potentially dangerous expired, unused, and unwanted prescription drugs.
Last autumn, Americans nation-wide turned in 456 tons (912,000 pounds) of prescription drugs at more than 5,300 sites operated by the DEA and nearly 4,300 of its state and local law enforcement partners. Of those numbers, Washington State collected 15,473 pounds of prescription drugs at approximately 71 collection sites operated by the DEA and 59 of its state and local law enforcement partners. Overall, in its 14 previous “Take Back” events, DEA and its partners have taken in more than 9 million pounds – more than 4,500 tons – of pills.
The disposal service is free and anonymous, no questions asked. Liquids, needles, or sharps cannot be accepted at the sites, only pills or patches.
This initiative addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. The Substance Abuse and Mental Health Services Administration’s National Survey on Drug Use and Health shows year after year that the majority of misused and abused prescription drugs are obtained from family and friends, including someone else’s medication being stolen from the home medicine cabinet. In addition, Americans are now advised that their usual methods for disposing of unused medicines—flushing them down the toilet or throwing them in the trash—both pose potential safety and health hazards.
Law enforcement agencies scheduled to participate as collection sites include: Kennewick Police Department; Pasco Police Department; Pullman Police Department; Richland Police Department; Walla Walla County Sheriff’s Office; Walla Walla Police Department; West Richland Police Department; and Yakima Police Department. In Spokane County a year-round disposal site is located in the Spokane Valley Police Department lobby, 12710 E. Sprague Avenue, Monday through Friday, 8:00 – 5:00.
For more information about the disposal of prescription drugs and the April 28, 2018 Take Back Day event, go to www.DEATakeBack.com
Fraudster Sentenced to 51 Months in Federal PrisonRead the Press Release
Spokane, WA - Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Jin Chul “Jacob” Cha, age 41, of Tustin, California, who pleaded guilty on January 11, 2018 to Conspiracy to Defraud the Government and Conspiracy to Commit Wire Fraud, was sentenced today. United States District Judge Salvador Mendoza, Jr. imposed a 51–month term of imprisonment to be followed by a three-year term of court supervision after he is released from Federal prison. Judge Mendoza will determine restitution at a later date.
According to information disclosed during the court proceedings, Cha was a member of a conspiracy involving Gen-X Energy Group, Inc. (Gen-X), a renewable energy company formerly located in Pasco and Moses Lake, Washington. Between October of 2012 and March of 2015, Cha and his co-conspirators falsely claimed the production of more than 9,400,000 marketable renewable energy credits, which they then sold for more than $6,000,000, and filed false claims with the IRS for $2,506,094 in excise credit refunds. Throughout this period, much of the renewable fuel claimed to be produced at the Gen-X facilities was either not produced or re-processed multiple times.
“The defendant, Mr. Cha, has been sentenced to spend years in prison for his role in a multi-million dollar conspiracy to defraud the renewable fuels program,” said Acting Assistant Attorney General Jeffrey H. Wood of the Justice Department’s Environment and Natural Resources Division. “This prosecution, which is part of a broader effort involving the Gen-X Energy Group, shows there are serious consequences for this kind of fraudulent conduct. I applaud the work of the federal, state, and local law enforcement personnel involved in bringing down this criminal enterprise.”
Joseph H. Harrington said, “I commend the tenacious and thorough efforts of investigators from IRS-Criminal Investigation and the Environmental Protection Agency’s Criminal Investigation Division. The United States Attorney’s Office will continue to work closely with our law enforcement partners to aggressively prosecute fraud and other white collar crimes in the Eastern District of Washington."
"Today Mr. Cha and the Gen-X Energy Group are being held accountable for their massive and complex $65 million fraud," said Darrell Waldon, Special Agent in Charge of IRS Criminal Investigation." Along with our law enforcement partners IRS Criminal Investigation will continue to vigorously investigate and prosecute white collar criminals who pursue illegal schemes to steal from the U.S. taxpayer."
“The defendant defrauded taxpayers and biofuels companies out of millions of dollars,” said Susan Bodine, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “This case shows that EPA and its law enforcement partners will prosecute those who seek to profit by breaking the law.”
This investigation was conducted by the Internal Revenue Service-Criminal Investigations, the Environmental Protection Agency’s Criminal Investigation Division, and the United States Secret Service, with assistance from the Washington State Patrol and the Los Angeles Port Police Department Hazardous Materials Investigations Unit. The case was prosecuted by Scott T. Jones, Assistant United States Attorney for the Eastern District of Washington; Karla G. Perrin, EPA Regional Criminal Enforcement Counsel and Special Assistant United States Attorney for the Eastern District of Washington; and Adam Cullman and Thomas Franzinger, Trial Attorneys, Environmental Crimes Section, United States Department of Justice.
Justice Department Obtains Settlement of Case Alleging Disability-Based Discrimination at Ashlynn Estates in Ellensburg, WashingtonRead the Press Release
Spokane – Today, near the 50th Anniversary of the enactment of the Fair Housing Act, Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced settlement of a federal civil rights lawsuit against the owners, builder, and designer of the Ashlynn Estates, a three-building dormitory style property near Central Washington University in Ellensburg, Washington. The settlement resolves allegations that Keith and Tamra Riexinger, and Riexinger Enterprises, Inc., also known as Crossroads Construction, failed to design and construct the buildings to make them accessible to persons with disabilities in compliance with the Fair Housing Act’s (FHA) accessibility requirements. The FHA’s accessible design and construction provisions require new multi-family housing constructed after March 1991—including dormitory style housing—to have basic features accessible to persons with disabilities. Under the settlement, the Riexingers and their company will retrofit the properties to make the 12 ground floor units and common areas accessible to persons with disabilities; pay $10,000 to the NWFHA; train new employees on the FHA; and adopt a nondiscrimination policy.
According to court records, the Department of Justice (DOJ) alleged that the Riexingers and their company violated the FHA because they designed and constructed Ashlynn Estates with various barriers inhibiting access to the 12 ground-floor units and the associated public and common-use areas, including: inaccessible entrances, parking, bathrooms, walk-in closets, electrical outlets, and doorknob hardware.
The lawsuit arose from an initial complaint filed with the Department of Housing and Urban Development (HUD) by the Northwest Fair Housing Alliance (NWFHA), a private, nonprofit corporation whose mission is to provide education regarding fair housing laws and to ensure compliance with those laws inWashington. NWFHA inspected the Ashlynn Estates and observed accessibility barriers. After investigating, HUD issued a charge of discrimination and referred the case to the Justice Department, which filed the instant federal civil rights lawsuit against the Riexingers and their company.
Joseph H. Harrington said, “The Fair Housing Act was originally enacted in April of 1968 following the assassination of Rev. Dr. Martin Luther King Jr. and prohibits discrimination based on any statutorily-protected basis, including disability. The DOJ’s Civil Rights Division, HUD, and the U.S. Attorney’s Office are committed to vigorously pursuing enforcement of the rights guaranteed by the Act. This settlement is an example of that commitment in the Eastern District of Washington and serves to promote equal access to multi-family housing for persons with disabilities. It is also a reminder that even now, near the Fiftieth Anniversary of the Fair Housing Act and during Fair Housing Month, we are committed to eliminating housing discrimination and creating equal opportunity in every community.”
“The Department is committed to ensuring that new multi-family housing—including housing designed for students—is accessible to persons with disabilities,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “This lawsuit and its resolution are just the latest steps in the Department of Justice’s efforts to ensure equal accessibility for persons with disabilities.”
“Housing units that don’t meet the needs of persons of disabilities make it impossible for them to enjoy their homes,” said Anna María Farías, HUD’s Assistant Secretary for Fair Housing and Equal Opportunity. “Providers that built housing after March 1991 have an obligation to construct units that are accessible to persons with disabilities, and HUD will continue to work with the Justice Department to ensure that they meet that obligation.”
The Justice Department, through the U.S. Attorney’s Offices and the Civil Rights Division, enforces the FHA, which prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. Among other things, the FHA requires all multifamily housing constructed after March 12, 1991, to have basic accessibility features, including accessible routes without steps to all ground-floor units. More information about the Civil Rights Division and the laws it enforces is available at www.usdoj.gov/crt. Individuals who believe that they may have been victims of housing discrimination can call the Housing Discrimination Tip Line at 1-800-896-7743, email the Justice Department at [email protected], or contact HUD at 1-800-669-9777.
The settlement was negotiated by Joseph P. Derrig, an Assistant United States Attorney for the Eastern District of Washington, and U.S. Department of Justice, Civil Rights Division, Trial Attorney, Noah D. Sacks. The claims settled by this agreement are allegations only, and there has been no determination of liability.
Walla Walla Man Sentenced to Six Months in Federal Prison for Embezzling $40,000 from United Steelworkers Local UnionRead the Press Release
Spokane – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced today that Jason A. Richard, age 42, of Walla Walla, Washington, was sentenced after having pleaded guilty on December 14, 2017, to embezzling labor union funds. United States District Judge Salvador Mendoza Jr. sentenced Richard to a 6-month term of imprisonment, to be followed by a 2-year term of court supervision following release from Federal prison. The Court also ordered Richard to pay $30,649 in restitution. During the sentencing hearing, Judge Mendoza described Richard’s embezzlement as a “chronic and continuous abuse of trust.”
According to information disclosed during court proceedings, the United States Department Labor office of Labor-Management Standards (OLMS) initiated an investigation of Richard after receiving information from United Steelworkers Local Union 12-990 (USW LU 12-990) auditors that Richard embezzled labor union funds. Richard was the Secretary-Treasurer of USW LU 12-990, which is a labor organization located in Wallula, Washington. As Secretary-Treasurer, Richard had access to USW LU 12-990’s funds and was responsible for the union’s financial transactions. OLMS’s investigation revealed that Richard embezzled $40,049 from the union during a ten-month period. Richard used the funds to pay personal expenses. Richard paid $9,400 back to the union not long after his embezzlement was discovered.
Joseph H. Harrington said, “Prosecuting union embezzlement and other white collar crime continues to be a high priority for our office. I commend the investigators from the Department of Labor office of Labor-Management Standards for their excellent investigative work on this case. We will continue to work closely with our law enforcement partners to aggressively prosecute financial crimes in the Eastern District of Washington.”
This case was investigated by the Department of Labor Office of Labor-Management Standards. This case was prosecuted by George J.C. Jacobs, III and Dan Fruchter, Assistant United States Attorneys for the Eastern District of Washington.
The United States Attorney’s Office’s Twitter AccountRead the Press Release
Spokane– Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that his Office has a Twitter account to assist in providing news, announcements, and other information to the public. To follow the Office on Twitter, go to http://twitter.com/USAO_EDWA, or add our Twitter address @USAO_EDWA to the Twitter app on your mobile device. In addition to Twitter, the U.S. Attorney’s Office also maintains a website, which remains the primary source of information for our office. The office will also continue its current practice of issuing press releases via email.
California Man Sentenced to 87 Months in Federal Prison for Laundering $350,000 in Drug ProceedsRead the Press Release
Spokane – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Julio Cesar Rosales Saucedo, age 25, of Paramount, California, was sentenced after having pleaded guilty on December 19, 2017, to conspiracy to commit money laundering of drug proceeds. Senior United States District Judge Edward F. Shea sentenced Saucedo to an 87-month term of imprisonment, to be followed by a 3-year term of court supervision after he is released from Federal prison.
According to information disclosed during court proceedings, the Federal Bureau of Investigation Tri-Cities Safe Streets Task Force, United States Drug Enforcement Administration, and Royal Canadian Mounted Police Federal Serious Organized Crime Unit, conducted an undercover money laundering investigation of a transnational drug trafficking organization. Investigators determined the organization trafficked heroin, fentanyl, methamphetamine, and cocaine from Mexico through Los Angeles, California to the Eastern District of Washington. According to court records, Saucedo assisted the organization by laundering over $350,000 in drug proceeds, picking up large cash drops and trafficking drugs to the Eastern District of Washington. Saucedo’s fingerprints were recovered from the packaging on 700 grams of pure fentanyl that investigators seized during the investigation.
Joseph H. Harrington said, “I commend the federal, state, local and Canadian law enforcement officers who worked on this case. Their seamless partnership resulted in the successful outcome in this matter. The United States Attorney’s Office for the Eastern District of Washington is, and will continue to be, committed to prosecuting aggressively and seeking appropriate punishment for offenders who launder drug proceeds in this District.
This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. The OCDETF program provides supplemental federal funding to the federal and state agencies involved in the investigation of drug-related crimes.
This case was investigated by the Federal Bureau of Investigation Tri-Cities Safe Streets Task Force, United States Drug Enforcement Administration, and Royal Canadian Mounted Police Federal Serious Organized Crime Unit. This case was prosecuted by Stephanie Van Marter, Assistant United States Attorney for the Eastern District of Washington.
Spokane Man Sentenced to 135 Months in Federal Prison for Possession of Child PornographyRead the Press Release
Spokane– Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced today that Christopher M. Turner, age 45, of Spokane, Washington was sentenced after having pleaded guilty on December 20, 2017, to possession of child pornography. Chief United States District Judge Thomas O. Rice sentenced Turner to 135 months of imprisonment, to be followed by a twenty-year term of court supervision after he is released from Federal prison. Turner will be required to register as a sex offender for the rest of his life.
According to information disclosed during court proceedings, a Homeland Security Investigations (“HSI”) agent was conducting an online undercover investigation using peer-to-peer software that offenders use to trade and distribute child pornography. During the investigation, Turner’s Spokane residence was identified as a place where someone was distributing images of child pornography. HSI agents obtained a federal search warrant for Turner’s residence.
Law enforcement agents with HSI executed the search warrant at Turner’s residence and seized electronic devices, including a homemade computer that Turner had built. During a forensic examination of that computer, agents identified more than 2,800 images and video files of child pornography. The child pornography on Turner’s electronic devices included images of children under the age of twelve and sadistic, masochistic and violent conduct. Many images on Turner’s electronic devices depicted children previously identified as victims by the National Center for Missing and Exploited Children (“NCMEC”). In 1993, Turner was convicted in the State of Washington for rape of a child in the second degree and is a registered sex offender.
Joseph H. Harrington said, “The Court’s sentence today should serve as a warning to people who harbor a sexual interest in children – if they collect or trade child pornography, they will be actively pursued by federal and state law enforcement officers. The United States Attorney’s Office will continue to prosecute aggressively child exploitation crimes that occur in the Eastern District of Washington.”
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.”
Homeland Security Investigations and the Southeast Regional Internet Crimes Against Children Task Force conducted the investigation of this matter. The case was prosecuted by Stephanie J. Lister and David M. Herzog, Assistant United States Attorneys for the Eastern District of Washington.
Toppenish Man Sentenced to 78 Months Imprisonment for Voluntary ManslaughterRead the Press Release
Spokane– Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Nolan Patrick John, III, age 25, of Toppenish, Washington, was sentenced after having pleaded guilty on December 6, 2017, to Voluntary Manslaughter. United States District Court Judge Salvador Mendoza, Jr. sentenced John to 78 months imprisonment, to be followed by a three-year term of court supervision after he is released from federal prison.
According to information disclosed during court proceedings, on March 26, 2017, Yakama Nation Police Officers responded to a dispatch call to a residence in Wapato, Washington, in the exterior boundaries of the Yakama Nation. Officers knocked on the door and a male, later identified as Nolan Patrick John, III, answered. Officers saw another male, covered in blood, lying motionless on the floor. Blood spatter was on the wall of the residence. John stated that he beat up the male. The male-victim did not respond to verbal communication, and he was pronounced dead at the scene. The FBI responded. FBI observed that John had injuries to his hands, but did not have any injuries to his body. FBI also observed that male-victim had no injuries to his hands.
When interviewed by FBI, John stated he began fighting with the male-victim after an altercation involving John’s mother, John, and the male-victim arose. After the fight, John noticed the victim was not breathing, so he attempted CPR and called 911. Law enforcement officers observed that the male-victim’s blood was on John’s hands and clothing, and John did not have any defensive wounds.
In a subsequent interview with FBI, John stated everyone at the residence was drinking, and he started wrestling with the victim after the victim got into an argument with John’s mother. John stated the victim did now know how to fight and he kicked the victim in the face while they were on the ground. John admitted the fight got out of control.
During the sentencing hearing, Judge Mendoza described John’s conduct as a “brutal attack” and commented on the pain John caused the victim, the victim’s family, and John’s own family.
United States Attorney Harrington said, “The United States Attorney’s Office for the Eastern District of Washington, the Federal Bureau of Investigation, and the Yakama Nation Tribal Police Department are committed to investigating and prosecuting violent crimes occurring in the exterior boundaries of the Yakama Nation.”
This case was investigated by the Federal Bureau of Investigation and the Yakama Nation Tribal Police Department. The case was prosecuted by Meghan McCalla and Thomas Hanlon, Assistant United States Attorneys for the Eastern District of Washington.
Pasco Drug Dealer Sentenced to Life ImprisonmentRead the Press Release
Spokane– Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Miles Barton Nichols, age 59, of Pasco, Washington, was sentenced after having been convicted after two separate jury trials in October, 2017, of one count of Possession with Intent to Distribute 50 Grams or more of pure Methamphetamine, one count of Possession with Intent to Distribute 5 Grams or more of pure Methamphetamine, one count of Possession of a Firearm in Furtherance of a Drug Trafficking Crime, and one count of Felon in Possession of a Firearm. United States Senior District Court Judge Edward F. Shea sentenced Nichols to a life term of imprisonment on Nichols for his possession with intent to distribute 50 grams or more of pure methamphetamine conviction and a 405-month term of imprisonment for his Possession with Intent to Distribute 5 grams or more of methamphetamine conviction; a ten-year term of imprisonment for his felon in possession of a firearm conviction; and a mandatory-minimum five-year term of imprisonment for his possession of a firearm in furtherance of a drug trafficking crime conviction, which sentence is to be served consecutively to all others, followed by an eight-year term of court supervision if Nichols is ever released from Federal prison.
According to information disclosed during court proceedings, the Richland Police Department Street Crimes Unit developed information that Nichols was distributing methamphetamine from his room at a hotel in Richland, Washington. Officers obtained a search warrant for Nichols’ room, and seized two firearms, ammunition, over 5 grams of pure methamphetamine, drug ledgers, digital scales, and other drug paraphernalia. Officers were unable to find Nichols when the search warrant was executed.
Through further investigation, officers determined Nichols relocated to a second hotel in Kennewick, Washington, and initiated surveillance there. After receiving information that Nichols was distributing methamphetamine out of his second hotel room, officers contacted Nichols and he was arrested on outstanding warrants. Law enforcement agents obtained a search warrant for Nichols’ second hotel room and found over 50 grams of pure methamphetamine, drug ledgers, a digital scale, and $3,302 in cash.
When interviewed by law enforcement, Nichols admitted that he sold pounds of methamphetamine on a weekly basis from both hotel rooms. Nichols also admitted that the two firearms law enforcement seized at his first hotel room were his and the drug ledgers that were seized at both rooms enabled him to keep track of his drug sales and who owed him money.
During the sentencing hearing, Judge Shea observed that Nichols’ had at least two prior felony drug convictions (Nichols had six) and they qualified him for a mandatory term of life imprisonment on his possession with intent to distribute 50 grams or more of pure methamphetamine conviction and it was an appropriate sentence to impose in this case. Judge Shea also imposed a 405-month term of imprisonment on Nichols for his possession with intent to distribute 5 grams or more of pure methamphetamine conviction and a 10-year term of imprisonment for his felon in possession of a firearm conviction. Judge Shea imposed a 5-year mandatory-minimum term of imprisonment on Nichols for his possession of a firearm in furtherance of a drug trafficking crime, to run consecutive to the other sentences imposed, followed by an eight-year term of court supervision if Nichols is ever released from federal prison.
United States Attorney Harrington said, “The Court’s sentence will protect the community, punish Nichols, and deter others who might consider committing similar crimes in our community. I also commend the law enforcement officers who worked on this case. Their seamless partnership resulted in the successful outcome of this matter. The United States Attorney’s Office for the Eastern District of Washington is, and will continue to be, committed to prosecuting aggressively and seeking appropriate punishment for offenders who possess with intent to distribute drugs and illegally possess firearms in this District.”
Darek Pleasants, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Seattle Field Division, said, “The removal of Miles Nichols from the Tri-Cities area shows the significant and positive impact ATF makes on a community when we work shoulder to shoulder with our partners in law enforcement to send a strong message that career criminals and armed narcotics traffickers will not be tolerated.”
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives; Richland Police Department; United States Drug Enforcement Administration; Kennewick Police Department; and Washington State Patrol. The case was prosecuted by Meghan McCalla and Ian Garriques, Assistant United States Attorneys for the Eastern District of Washington.
Armed Felon Sentenced to 77 Months in Federal PrisonRead the Press Release
Spokane – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced today that Nicholas Matthew McRae, age 36, of Spokane, Washington, was sentenced after having pleaded guilty on December 14, 2017, to being a felon in possession of a firearm and ammunition. United States District Court Judge Stanley A. Bastian sentenced McRae to a 77-month term of imprisonment, to be followed by a 3-year term of court supervision following release from Federal prison.
According to information disclosed during court proceedings, officers assigned to the Spokane Police Department Patrol Anti-Crime Team (PACT) observed McRae driving his vehicle past the Union Gospel Mission and the barrel of a firearm pointed toward the open driver’s side window. The officers followed McRae and attempted a high-risk traffic stop. McRae sped past the Union Gospel Mission and eluded the pursuing officers for several minutes, causing multiple accidents. After a pursuing officer disabled McRae’s vehicle, McRae fled and a foot chase ensued until police apprehended him. A search of McRae’s vehicle revealed two firearms, an AK-47 style pistol with a drum magazine capable of containing 100 rounds of ammunition and a revolver. A search of the drum magazine revealed it was loaded with over 60 rounds of ammunition. As a previously convicted felon, McRae was prohibited from possessing firearms and ammunition.
Joseph H. Harrington said, “Prosecuting firearms-related crimes continues to be a priority for the United States Attorney’s Office for the Eastern District of Washington. Previously convicted felons should be aware that there are serious criminal penalties connected with possessing any firearm and ammunition and that this Office is committed to prosecuting aggressively firearm-related cases in the Eastern District of Washington.”
This case was investigated by the Spokane Police Department Patrol Anti-Crime Team (PACT) and the Spokane Resident Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives
(ATF). This case was prosecuted by Patrick J. Cashman, Assistant United States Attorney for the Eastern District of Washington.
Kennewick Man Sentenced to 10 Years in Federal Prison for Possession of Child PornographyRead the Press Release
Spokane– Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Wayne Lee Lafferty, age 53, of Kennewick, Washington, was sentenced after having pleaded guilty on October 24, 2017, to possession of child pornography. Senior United States District Judge Edward F. Shea sentenced Lafferty to a ten-year term of imprisonment, to be followed by a fifteen-year term of court supervision after he is released from Federal prison. Lafferty will be required to register as a sex offender for the rest of his life.
According to information disclosed during court proceedings, a Homeland Security Investigations (HSI) agent was conducting an online undercover investigation relating to the distribution of child pornography. During that investigation, an IP address affiliated with Lafferty and his residence in Kennewick was identified as distributing images of child pornography. Law enforcement agents obtained a federal search warrant for Lafferty’s residence.
Law enforcement agents with HSI and Southeast Regional Internet Crimes Against Children Task Force (SER-ICAC) executed the search warrant at Lafferty’s residence and seized electronic devices including a computer. During a forensic examination, agents identified over 47,000 images and video files of child pornography. The child pornography on Lafferty’s electronic devices included images of infants and toddlers and sadistic and masochistic conduct. When interviewed by law enforcement, Lafferty admitted he started viewing child pornography on his computer, after his supervision by the Washington State Department of Corrections for a prior state conviction for possession of child pornography had ended.
During the sentencing hearing, Judge Shea addressed the psychological consequences suffered by the minor victims depicted in the images possessed by Lafferty, as detailed in victim impact statements submitted to the Court. Judge Shea categorized Lafferty’s criminal conduct as a “concerning pattern of behavior that has gone on for years” and his history as “consistent with a person who has a fundamental core problem with child pornography,” despite a prior state conviction and treatment for a similar offense.
Joseph H. Harrington said, “The Court’s sentence should serve as a warning to those criminals who possess child pornography – they will be actively pursued by federal and state law enforcement officers. This case is an example of the superb work that can be accomplished when Homeland Security Investigations and the Southeast Regional Internet Crimes Against Children Task Force work together. The United States Attorney’s Office will continue to prosecute aggressively child pornography crimes that occur in the Eastern District of Washington.”
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".
Homeland Security Investigations and the Southeast Regional Internet Crimes Against Children Task Force conducted the investigation of this matter. The case was prosecuted by Laurel J. Holland, an Assistant United States Attorney for the Eastern District of Washington.
Pasco Drug Dealer Sentenced to 27 Years in Federal PrisonRead the Press Release
Spokane – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Jose Martin Aguilar, age 37, of Pasco, Washington, was sentenced after having pleaded guilty on September 25, 2017, to Conspiracy to Distribute Methamphetamine. Chief United States District Court Judge Thomas O. Rice sentenced Aguilar to a twenty-seven-year term of imprisonment, to be followed by a five-year term of court supervision after he is released from Federal prison.
According to information disclosed during court proceedings, the United States Drug Enforcement Administration identified Aguilar as a critical member of a transnational criminal organization that distributed methamphetamine in the Eastern District of Washington. Aguilar’s role in the organization was to ensure the monthly delivery of approximately 60 to 70 pounds of methamphetamine from Mexico into the Tri-Cities area and Spokane, Washington.
Joseph H. Harrington said, “I commend the law enforcement officers who worked on this case. Their seamless partnership resulted in the successful outcome in this matter. The United States Attorney’s Office for the Eastern District of Washington is, and will continue to be, committed to prosecuting aggressively and seeking appropriate punishment for offenders who distribute drugs in this District.
This case was investigated by the United States Drug Enforcement Administration and the Spokane County Sheriff’s Office. This case was prosecuted by Caitlin Baunsgard, Assistant United States Attorney for the Eastern District of Washington.
Man Sentenced to Eighteen Years in Federal Prison for Possessing a Molotov Cocktail, Interstate Stalking, and Possessing Child PornographyRead the Press Release
Spokane – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Cameron C. Butler, age 38, formerly of Broward County, Florida, was sentenced after having pleaded guilty on November 9, 2017, to Possession of an Unregistered Destructive Device (a Molotov cocktail), Interstate Stalking, and Possession of Child Pornography. Chief United States District Judge Thomas O. Rice sentenced Butler to an eighteen-year term of imprisonment, to be followed by a twenty-year term of court supervision after he is released from Federal prison. Upon release from prison, Butler will be required to register as a Sex Offender for the rest of his life.
According to facts disclosed during court proceedings, in the early morning of July 21, 2016, Butler threw multiple Molotov cocktails (glass beer bottles filled with gasoline and lit with a wick) at a residence occupied by his former girlfriend and four other people in Spokane, Washington. One Molotov cocktail broke a window and ignited a small fire in the residence, but Spokane Police Department officers quickly arrived and extinguished it. A Spokane Fire Department Arson Investigator recovered burned, broken, and unbroken Molotov cocktails at the scene. Investigators determined that Butler sent threatening messages to at least one of the residents the day before, and identified him as a suspect. One resident told investigators that the Molotov cocktail and ensuing fire caused her to fear for her life and the lives of other occupants.
Later that day, Bureau of Alcohol, Tobacco, Firearms, and Explosives Special Agents determined that Butler had outstanding arrest warrants from Broward County, Florida. The United States Marshals Service Fugitive Task Force developed information that Butler was in the Moses Lake, Washington area, and arrested him. Butler admitted making six Molotov cocktails in a hotel room in Ritzville, Washington, and then driving to Idaho and the Spokane residence of his former girlfriend, where he lit and threw the Molotov cocktails. When arrested, Butler also possessed a smartphone containing multiple images of child pornography as defined by federal law.
United States Attorney Harrington said, “Butler is a dangerous and violent criminal. The crimes he committed could have resulted in tragic deaths and injuries. The Court’s sentence will protect the community, punish Butler, and deter others who might consider committing similar crimes in our community. Ultimately, the positive resolution of this case demonstrates the essential partnerships between federal, state and local law enforcement that keep our community safe. The United States Attorney’s Office for the Eastern District of Washington will continue to prosecute aggressively and seek appropriate punishment for violent crimes and child pornography offenses.”
Darek G. Pleasants, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Seattle Field Division, said, “The investigation and conviction of Butler is a reflection of a successful joint investigation with state and federal partners. The Bureau of Alcohol, Tobacco, Firearms and Explosives remains committed to partnering with our local, state, and federal agencies and the United States Attorney’s Office to investigate violent crime. This case demonstrates the success that law enforcement agencies can have when focusing on violent criminals and child predators.”
Brian Schaeffer, Fire Chief, Spokane Fire Department, said, “The Spokane Fire Department is extremely thankful to the Bureau of Alcohol, Tobacco, Firearms and Explosives, for their leadership and expertise in this case and throughout our long partnership. A case with this high level of legal complexity and with so many jurisdictional boundaries clearly demonstrates the importance of the collaboration between the Spokane Fire Department and our Federal partners. I firmly believe that all law and fire agencies should continue to collaborate and share expertise in order to have similar results as Mr. Butler’s conviction.”
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives; United States Marshals Service; Spokane Police Department Domestic Violence Unit; and, Spokane Fire Department Special Investigations Unit. The case was prosecuted by James A. Goeke, an Assistant U.S. Attorney for the Eastern District of Washington.
Ninth Circuit Upholds Craig A. Morgenstern’s Sentence of Twelve Life TermsRead the Press Release
Spokane – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that the Ninth Circuit Court of Appeals has upheld the convictions of Craig A. Morgenstern, age 49, of Nine Mile Falls, Washington, that resulted in 12 life terms of imprisonment. In 2016, a federal trial jury found Morgenstern guilty of 12 counts of Aggravated Sexual Abuse of a Child; 18 counts of Production and Attempted Production of Child Pornography; two counts of Travel with Intent to Engage in Illicit Sexual Contact with a Minor; and, one count of Receipt of Child Pornography. Senior United States District Judge W. Fremming Nielsen sentenced Morgenstern to 12 life terms in federal prison for the Aggravated Sexual Abuse of a Child convictions; a 30-year term of imprisonment for each of the Production and Attempted Production of Child Pornography convictions; a 20-year term of imprisonment for each conviction for Travel with Intent to Engage in Illicit Sexual Contact with a Minor; and, a 20-year term of imprisonment for the Receipt of Child Pornography conviction.
According to evidence introduced at trial, Morgenstern sexually assaulted six young boys and produced child pornography images of the assaults from 2008 through 2014. The victims ranged in age from 7 to 15 years old at the time of the assaults. Evidence at trial also established that Morgenstern traveled to Idaho, Mississippi, and Tennessee in order to sexually molest the same victims and produce child pornography images for his own sexual gratification. Evidence also established that Morgenstern would incapacitate his victims using drugs so that the victims were unaware of the sexual abuse and so Morgenstern could continue his crimes and avoid detection.
Evidence at trial also established that Morgenstern’s crimes were discovered after one of his victims, then a minor child less than 14 years old, escaped from Morgenstern’s residence in Stevens County on October 18, 2014 after awaking to Morgenstern sexually assaulting him during the early morning hours. Subsequent investigation and evidence led to the discovery of the additional victims.
Following sentencing, Morgenstern appealed his convictions to the Ninth Circuit Court of Appeals. The Ninth Circuit rejected all of Morgenstern’s arguments, noting that “[t]he jury was presented with an overwhelming amount of digital evidence that depicted Morgenstern performing sex acts on the victims.”
Joseph H. Harrington said “Morgenstern is a sexual predator who used his position as a doctor and the trust of unsuspecting families to prey on children for his own selfish sexual gratification. If not for the brave actions of his last victim, the hard work of the Federal Bureau of Investigation and the Stevens County Sheriff’s Office, and the resilience of all of Morgenstern’s victims and the victims’ families at trial, Morgenstern’s crimes would have gone undiscovered and unpunished. Ultimately, Morgenstern received a just and fair trial and a just and fair sentence and he will never again be able to victimize another child or another unsuspecting family.”
The case was prosecuted 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 Federal Bureau of Investigation and the Stevens County Sheriff’s Office. The case was prosecuted by Stephanie J. Lister and James A. Goeke, Assistant U. S. Attorneys for the Eastern District of Washington.
Bank Robber Sentenced to 180 Months ImprisonmentRead the Press Release
Spokane– Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Darryl William Young, age 66, of Seattle, Washington, was sentenced for three counts of Armed Bank Robbery and two counts of Bank Robbery. United States District Judge Salvador Mendoza, Jr. sentenced Young to a 180-month term of imprisonment, to be followed by five years of court supervision after he is released from federal prison. Young pled guilty to these charges on October 11, 2017.
According to information disclosed during court proceedings, Young committed a string of five bank robberies over a five-week period. On June 8, 2016, and June 18, 2016, Young entered a Key Bank and a Wells Fargo Bank in Seattle, Washington, brandished a pistol replica at a teller at each bank, and demanded money. The tellers gave Young money and he left the banks. On June 29, 2016, and July 1, 2016, Young entered a Key Bank in Issaquah, Washington, and a Banner Bank in Woodinville, Washington, approached a teller at each bank, and demanded money. The tellers gave Young money and he departed. On July 11, 2016, Young entered a U.S. Bank in Selah, Washington, and asked a teller to change a $10 bill. After this transaction, Young made a gesture which led the teller to believe he was armed, and he demanded money. The teller gave Young money and he left. Young was arrested later that day.
On February 14, 2018, United States District Judge Salvador Mendoza, Jr. sentenced Young to a 180-month term of imprisonment, followed by five years of court supervision, and ordered Young to pay $14,000 in restitution.
Joseph H. Harrington said, “This office will continue to prosecute to the fullest extent any person who uses the threat of violence to victimize the community and commit crime. This case is yet another example of the successful investigative efforts that can be accomplished when state and federal law enforcement work in partnership.”
The Federal Bureau of Investigation, the Selah Police Department, the Yakima County Sheriff’s Office, the Seattle Police Department, the Kennewick Police Department, and the King County Sheriff’s Office conducted the investigation of this matter. The case was prosecuted by Benjamin D. Seal, an Assistant United States Attorney for the Eastern District of Washington.
Drug Dealer Sentenced to 235 Months ImprisonmentRead the Press Release
Spokane– Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that Daniel Woolem, age 49, of Moxee, Washington, was sentenced for Conspiracy to Distribute Methamphetamine and for Distribution of Methamphetamine. United States District Judge Stanley A. Bastian sentenced Woolem to a 235-month term of imprisonment, to be followed by five years of court supervision after he is released from federal prison.
According to information disclosed during court proceedings, in July 2015, a task force was created to investigate suspected drug trafficking organizations operating within Yakima County. During the investigation, law enforcement learned that Woolem was selling methamphetamine out of his residence in Moxee. In addition, law enforcement officers learned that Woolem was supplying street level drug dealers with methamphetamine. Law enforcement officers obtained multiple photographs of Woolem meeting with street level drug dealers at his residence. The investigators gathered evidence which resulted in the filing of a criminal Indictment.
On October 26, 2016, a search warrant was executed at the Woolem residence. In addition to other items, law enforcement officers discovered an elaborate security system, multiple firearms, loaded magazines, a suppressor, a bump stock, and drug paraphernalia.
In August, 2017, the case went to trial. Multiple witnesses testified concerning personal observations of Woolem selling methamphetamine at his residence. Several law enforcement officers testified and described the organization. The jury was provided with evidence obtained during the investigation. Woolem testified that he never sold drugs and that he was essentially a Good Samaritan who assisted the less fortunate. Woolem described how he occasionally would bring homeless people from Walmart to his home to bathe, and that he would provide them with food, cigarettes, and other items. On August 24, 2017, the jury found him guilty of all the charges.
At the February 7, 2017 sentencing hearing, Judge Bastian observed that Woolem lied when he testified under oath, which resulted in an obstruction of justice Enhancement. Judge Bastian determined that it was clear Woolem had a leadership role in the distribution of methamphetamine. It was based, in part, on Woolem’s obstruction of justice and leadership role that resulted in the 235-month term of imprisonment and five years of court supervision following release from federal prison.
Joseph H. Harrington stated, “I commend the law enforcement officers who worked on this case. Their seamless partnership resulted in the successful outcome in this matter. The United States Attorney’s Office in the Eastern District of Washington is, and will continue to be, committed to prosecuting aggressively and seeking appropriate punishment for offenders who distribute drugs in this District.”
This investigation was conducted by the Drug Enforcement Administration, the Yakama Nation Police Department, the Yakima County Sheriff’s Office, the Yakima Police Department, the Union Gap Police Department, the Moxee Police Department, the Toppenish Police Department, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Department of Homeland Security – Homeland Security Investigations, and the Law Enforcement Against Drugs Task Force. The case was prosecuted by Tom Hanlon, an Assistant United States Attorney for the Eastern District of Washington.
Attorney General Jeff Sessions Appoints Joseph H. Harrington as Interim United States AttorneyRead the Press Release
WASHINGTON -- Attorney General Jeff Sessions today announced the appointment of Joseph H. Harrington as Interim United States Attorney pursuant to 28 U.S.C. § 546, which provides that “the Attorney General may appoint a United States Attorney for the district in which the office of United States Attorney is vacant.” This appointment will take effect on January 5, 2018.
“Joseph Harrington has 27 years of experience as a federal prosecutor,” said Attorney General Sessions. “He has taken on white supremacists, domestic terrorists, health care fraudsters, and many other criminals. I want to thank him for his great work and I am pleased to appoint him as Interim U.S. Attorney for the Eastern District of Washington.”
Harrington said, “It’s a humbling day. I am honored to have been asked to serve as the Interim United States Attorney and to have the opportunity to continue working alongside the truly dedicated professionals in the U.S. Attorney’s Office for the Eastern District of Washington.”
Harrington has served in the U. S. Attorney’s Office since 1990 and before that worked for the U.S. Securities and Exchange Commission in Washington, D.C. During his tenure in the U.S. Attorney’s Office, he has litigated both civil and criminal cases. He has held the positions of First Assistant United States Attorney, Criminal Chief, Deputy Criminal Chief, Anti-Terrorism Advisory Coordinator, and Health Care Fraud Coordinator. Harrington was involved with the prosecutions of: Kevin W. Harpham, an avowed white supremacist who planted a sophisticated remotely-controlled IED along the route of the Martin Luther King, Jr. Day Unity March in Spokane; the Phineas Priest domestic terrorism case involving bank robberies and bombings of a Planned Parenthood office and a Spokane newspaper facility; and the Karl F. Thompson / Otto Zehm civil rights case. He has been the recipient of the prestigious Department of Justice “Director’s Award” on two occasion in recognition of his superior performance as an Assistant U.S. Attorney.
Harrington received his J.D. from Gonzaga University in 1986, where he was a Thomas Moore Scholar (full academic scholarship) and served as the Editor-in-Chief of the Gonzaga Law Review. He holds a B.A. in Mathematics and a B.S. in Engineering. He is married and has three children.
Central Washington Healthcare Organization Agrees to Settle ADA Claim with Deaf-Blind IndividualRead the Press Release
Spokane – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that a settlement agreement under the Americans with Disabilities Act (ADA) has been reached between the U.S. Attorney’s Office, the U.S. Department of Justice’s (DOJ) Civil Rights Division and Astria Health. Astria Health, formerly known as Regional Health, is the parent company of Sunnyside Community Hospital and other Clinics located in central Washington. Astria operates 34 hospitals, clinics, and medical facilities in the Eastern District of Washington.
The U.S. Attorney Office began an ADA-based investigation of Astria Health after receiving a complaint that, despite a request for a Tactile American Sign Language interpreter, one of Astria Health’s clinics failed on five (5) separate treatment occasions to provide a deaf-blind individual with a qualified interpreter. The deaf-blind individual alleged that, for approximately four months, he did not receive care because he was unable to communicate effectively with his treatment providers concerning his chronic health condition, which condition could result in potentially life-threatening complications if not properly managed.
The ADA establishes a federal mandate that seeks to eliminate discrimination against individuals with disabilities. The ADA requires hospitals and medical providers to ensure that their communication with individuals who are deaf or hard of hearing is as effective as their communication with other patients. See 42 U.S.C. § 12182(b)(2)(A)(iii) (1990); 28 C.F.R. § 35.160 (2007); 28 C.F.R. § 36.303 (2007); 28 C.F.R. pt. 36, App. B at 713-716 (2007). A hospital does this by providing communication aids, known in the law as "auxiliary aids or services," which include qualified sign-language interpreters, the exchange of written notes, text telephones that assist deaf or hard-of-hearing individuals in making phone calls, and a variety of other aids listed in the ADA regulation. The specific type of auxiliary aid or service that may be necessary in a given context will depend upon the needs of the particular individual involved and the nature of the communication at issue.
Astria Health fully cooperated with the U.S. Attorney’s investigation and within days of being notified of the investigation initiated corrective action to ensure the deaf-blind individual involved received a qualified interpreter at his next healthcare visit.
Under the settlement, Astria agrees to take remedial steps to ensure compliance with the ADA at each of its 34 hospitals and clinics in central Washington. These steps include the appointment of an ADA point person who is familiar with the ADA’s health care access and communication – interpreter requirements. This coordinator will also provide training to Astria’s staff on ADA requirements and will enter into contracts with interpretive service providers. Astria will also adopt specific policies and procedures to ensure that auxiliary aids and communication services are provided promptly to individuals who are deaf, blind, or have communication challenges.
Harrington stated: “This Office and the DOJ Civil Rights Division are committed to protecting the rights of those who have vision, hearing, or speech disabilities, ensuring that they are able to effectively communicate with their health care professionals, especially when patients must have critical interaction with their medical care providers. This office did not seek civil penalties in this case – which can be up to $89,078 for a first violation and up to $178,156 for each subsequent violation – because Astria promptly acknowledged a problem, took immediate corrective action at its offending clinic and agreed to additional structural steps that will avoid similar problems at all of its 33 other medical facilities in the Eastern District of Washington. This settlement will ensure deaf and blind individuals get the auxiliary aids and services they need to effectively communicate with their medical providers in a timely manner at Astria’s facilities. I am hopful that other such providers in Eastern Washington will review their ADA compliance obligations to ensure they too are providing quality access to health care for the blind, deaf, hard-of-hearing and other disabled individuals.”
This enforcement action was taken pursuant to the U.S. Attorney Program for ADA Enforcement. The Program began as a pilot project in 1995, with a focus on effective communication in the nation's 911 call services, but has since expanded to other areas of disability discrimination. Virtually every U.S. Attorney Office within the Department of Justice has been involved with enforcement efforts, resolving more than 500 reported matters nationwide annually.
The U.S. Department of Justice has a number of additional resources available to assist entities with complying with ADA requirements. For further information, please visit http://www.ada.gov or call the Justice Department’s toll-free ADA information Line at 800-514-0301 or 800-514-0383 (TDD). ADA complaints may also be filed by email to [email protected].
This enforcement action was handled by Joseph P. Derrig, an Assistant United States Attorney and Civil Rights Coordinator for the Eastern District of Washington, with assistance from the U.S. Department of Justice’s Civil Rights Division, Disability Rights Section.
Settlement Agreement attached astria_health_-_doj_agreement_final.pdfFederal Marijuana Enforcement PolicyRead the Press Release
Spokane – On January 4, 2018, Attorney General Jefferson B. Sessions III, issued a memorandum concerning federal marijuana enforcement policy. The following is today’s statement from Joseph H. Harrington, United States Attorney for the Eastern District of Washington:
The Attorney General reiterated his confidence in the long-established principles of federal prosecution that guide the discretion of each United States Attorney around the country (U.S. Attorney’s Manual, chapter 9-27.000), and directed that those principles shepherd enforcement of federal law regarding marijuana. With those principles in mind, the Attorney General emphasized his belief that United States Attorneys are in the best position to weigh all relevant considerations – to include the nature and seriousness of an offense, the potential deterrence effect of prosecution, a putative defendant’s culpability in connection with an offense, a putative defendant’s criminal history and other circumstances, and the limited federal resources -- when deciding which cases to prosecute in their respective communities. When weighing those considerations public safety is always at the fore.
Those principles have always been at the core of what the United States Attorney’s Office for the Eastern District of Washington does – across all threats to public safety, including those that may relate to marijuana. This United States Attorney’s Office will continue to ensure, consistent with the most recent guidance from the Department of Justice, that its enforcement efforts with our federal, state, local, and tribal law enforcement partners focus on those who pose the greatest safety risk to the communities in Eastern Washington, by disrupting criminal organizations, tackling the growing drug crisis, thwarting violent crime, and corralling white-collar fraudsters in this District.
This Statement is not intended to, does not, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any party in any matter civil or criminal.
Armed Felon in Possession of Heroin and Other Drugs Sentenced to 137 Months in Federal PrisonRead the Press Release
Spokane – Joseph H. Harrington, Acting United States Attorney for the Eastern District of Washington, announced that Billy Lee Stevens, age 48, of Spokane, Washington, was sentenced for possessing heroin with the intent to distribute it and for possessing firearms in furtherance of a drug trafficking offense. United States District Judge Stanley A. Bastian, who noted Stevens’ extensive criminal history, sentenced him to a 137-month term of imprisonment and a four-year term of court supervision following release from Federal prison.
According to information disclosed during court proceedings, law enforcement officers with the Pacific Northwest Violent Offender Task Force (PNWVOTF) observed Stevens driving a pickup truck in the 1500 block of East Sharp Avenue in Spokane, Washington. The officers initiated a traffic stop of the truck because Stevens had an active felony warrant for his arrest – he has over 25 felony previous convictions. After the officers made contact with Stevens they sought judicial authorization by way of a warrant to search the vehicle. A judge issued the search warrant and the officers discovered over 228 grams of black tar heroin, along with cocaine and methamphetamine inside the truck. The officers also discovered a pistol-grip Remington shotgun and Derringer pistol next to the drugs. In the center console of the truck, officers located a Smith & Wesson 9mm pistol. They discovered a Walther PK380 pistol and a fully automatic Special Weapon MP5 machine gun in the bed of the truck.
Joseph H. Harrington said, “Prosecuting firearms-related crimes continues to be a priority for the United States Attorney’s Office for the Eastern District of Washington. Previously convicted felons should be aware that there are serious criminal penalties for possessing any firearm, but particularly a fully automatic firearm. This Office is committed to prosecuting aggressively firearm-related cases and violent crime occurring in this District.”
This case was investigated by the Spokane County Sheriff’s Office, the Spokane Police Department Patrol Anti-Crime Team (PACT), the PNWVOTF, and the Spokane Resident Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). This case was prosecuted by Patrick J. Cashman, an Assistant United States Attorney for the Eastern District of Washington.
Airway Heights, Washington Man Sentenced to Ten Years in Federal Prison for Possession of Child PornographyRead the Press Release
Spokane– Joseph H. Harrington, Acting United States Attorney for the Eastern District of Washington, announced that Daniel Lee Dove, age 36, of Airway Heights, Washington, was sentenced after having previously pleaded guilty on November 30, 2016, to Possession of Child Pornography. Senior United States District Judge Wm. Fremming Nielsen sentenced Dove to a nine-year term of imprisonment for possession of child pornography, and a one-year term of imprisonment for violating his supervised release conditions, for a total sentence of imprisonment of ten years, to be followed by a life-year term of court supervision after he is released from Federal prison. In addition, Judge Nielsen ordered Dove to pay $5,000 to the Justice for Victims of Trafficking Act fund. Dove agreed to the forfeiture to the United States of his cell phone that he used to possess and distribute child pornography images. Upon release from prison, Daniel Lee Dove will be required to register as a Sex Offender.
According to information obtained initially from the Federal Bureau of Investigation (FBI) Miami Division, Dove was communicating with an individual in Miami using the messaging application KIK. The KIK communications revealed that Dove was exchanging graphic descriptions of infant and toddler-aged child pornography, as well as discussing sexual contact offenses of similarly-aged children. The FBI in Spokane assisted United States Probation Officers in searching Dove’s residence and cell phone to determine if he was in compliance with his Federal supervised release conditions. A forensic examination of Dove’s cell phone revealed approximately 444 images of child pornography. The images were primarily of children under the age of twelve years of age, however, approximately 10 images were pornographic images of babies, and approximately 15 images were pornographic images of toddler-aged children. In addition, the material located on Dove’s cell phone involved material that portrayed sadistic or masochistic conduct or other depictions of violence.
Joseph H. Harrington stated, “The sentence handed down by the Judge Neilsen provides just punishment and I commend the excellent work of the FBI Special Agents who investigated this case. Prosecuting offenders who possess child pornography is one of the priorities of the United States Attorney’s Office for the Eastern District of Washington. This Office will continue to prosecute aggressively and seek appropriate punishment for child pornography crimes.”
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 investigation was conducted by the Federal Bureau of Investigations. The case was prosecuted by Stephanie J. Lister, an Assistant United States Attorney and PSC Coordinator for the Eastern District of Washington.
Yakima, Washington Man Sentenced to 25 Years for Sex Crimes Committed Against Nine ChildrenRead the Press Release
Spokane – Joseph H. Harrington, Acting United States Attorney for the Eastern District of Washington, announced that Eric J. Perez was sentenced today after having previously pleaded guilty in September, 2017, to Production of Child Pornography, Attempted Production of Child Pornography, Coercion and Enticement of a Minor to Engage in Criminal Sexual Activity, Child Sex Trafficking, Attempted Child Sex Trafficking, and Possession of Child Pornography. United States District Judge Salvador Mendoza, Jr. sentenced Perez to a twenty-five-year term of imprisonment, to be followed by a life term of supervised release upon release from federal prison.
According to court records, Perez contacted eight girls, all between 12 and 16 years old, by Facebook message and coerced them to engage in sex and, in some cases, to produce pornographic images of themselves. He fathered two children with the ninth victim, of whom he also produced child pornography. Perez caused one victim, a thirteen-year-old, to engage in commercial sex with his stepbrother, Albert Castro, Jr., of Quincy, Washington. Castro was sentenced on December 1, 2017 to a seven-year term of imprisonment that criminal conduct. See 16-CR-0063-SMJ-2 (EDWA).
The two brothers’ crimes were discovered after a sister of one of the child-victims informed a school counselor that she was concerned about her sister’s Facebook contacts with Perez. The counselor immediately informed the Quincy, Washington Police Department. The Quincy Police Department, together with the FBI, discovered that Perez’s Facebook account contained multiple conversations between Perez and several young girls.
Joseph H. Harrington said, “This egregious case is another example of the superb work that can be accomplished when state and federal law enforcement officers work together. The impact of Perez’s crimes on his victims cannot be overstated. I commend the officers and agents for a job very well done.” Harrington went on to add, “The United States Attorney’s Office will continue to prosecute aggressively child pornography and child sex trafficking crimes that occur in the Eastern District of Washington.”
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 Quincy Washington Police Department and the FBI conducted the investigation of this matter. Scott T. Jones, an Assistant United States Attorney for the Eastern District of Washington, prosecuted the case.
Federal, State, and Local Law Enforcement Partners Conduct Multi-Defendant TakedownRead the Press Release
Spokane– Joseph H. Harrington, Acting United States Attorney for the Eastern District of Washington, announced that earlier today Federal, state, and local law enforcement conducted a large-scale enforcement action targeting a criminal conspiracy distributing methamphetamine in the Eastern District of Washington, Idaho, and Montana. Hundreds of law enforcement officials, including federal agents and state and local officers executed Federal search warrants in Spokane, Washington; Moses Lake, Washington; Mattawa, Washington; and in North Idaho. This enforcement action resulted in the arrest of approximately 20 individuals, the seizure of approximately 75 firearms, and approximately eight pounds of methamphetamine.
This enforcement action stems from a Federal Indictment that was handed down in the Eastern District of Washington in December, 2017. The Indictment charges numerous individuals with a conspiracy to distribute methamphetamine from on or about September, 2016 through December, 2017. An Indictment Contains Allegations That an Individual Has Committed a Crime. Every Individual is Presumed Innocent Until Proven Guilty beyond a Reasonable Doubt.
Today’s enforcement action is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. The OCDETF program provides supplemental federal funding to the federal and state agencies involved in the investigation of drug-related crimes. This OCDETF investigation is being conducted by the Drug Enforcement Administration and Bureau of Alcohol, Tobacco, Firearms and Explosives.
Agencies participating in the enforcement operation today were Drug Enforcement Administration – Spokane District Office; Bureau of Alcohol, Tobacco, Firearms, and Explosives; United States Border Patrol; Spokane Police Department; Homeland Security Investigations; United States Marshal Service; Federal Bureau of Investigation; Spokane Regional Safe Streets Task Force; and Interagency Narcotics Enforcement Team.
James A. Goeke and David Herzog, Assistant United States Attorneys for the Eastern District of Washington, are prosecuting this case.
Quincy Man Sentenced to 7 Years in Federal Prison for Patronizing a 13 Year Old Engaged in Commercial SexRead the Press Release
Spokane– Joseph H. Harrington, Acting United States Attorney for the Eastern District of Washington, announced that Albert Castro, Jr., of Quincy, Washington, was sentenced after having previously pleaded guilty in March, 2017, to patronizing a thirteen-year-old child engaged in commercial sex. United States District Judge Salvador Mendoza, Jr. sentenced Castro to a seven-year term of imprisonment, to be followed by ten years of supervised release upon release of federal prison.
According to information disclosed during court proceedings, a thirteen-year-old female contacted Castro at the direction of Eric J. Perez, who was also charged in connection with this case. Castro paid the child $80 for two sex acts at his residence.
Castro’s criminal conduct was discovered while law enforcement officers were independently investigating Perez. The Perez investigation began after a sister of one of the child-victims informed a school counselor that she was concerned about her sister’s Facebook contacts with Perez. The counselor immediately informed the Quincy Police Department. The Quincy Police Department, together with the FBI, discovered that Perez’s Facebook account contained multiple conversations between Perez and multiple 12-15 year old girls. For his part, Perez pled guilty on September 28, 2017 to seven criminal charges -- Production of Child Pornography, Attempted Production of Child Pornography, Coercion and Enticement of a Minor to Engage in Criminal Sexual Activity, Child Sex Trafficking, Attempted Child Sex Trafficking, and Possession of Child Pornography. He is scheduled to be sentenced on December 13, 2017.
Joseph H. Harrington said, “The impact of Castro’s crime on his victim cannot be overstated. The United States Attorney’s Office for the Eastern District of Washington prosecutes crimes against children aggressively, in part because of the extreme vulnerability of the young victims.” Harrington went on to add, “This case is yet another example of the successful investigative efforts that can be accomplished when state and federal law enforcement, such as the Quincy Police Department and the FBI, work in partnership.”
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 Quincy Police Department and the FBI conducted the investigation of this matter. Scott T. Jones, an Assistant United States Attorney for the Eastern District of Washington, prosecuted the case.
Career Criminal Sentenced to 180 Months in Federal Prison for Distribution of Methamphetamine After Being Released from State Prison Less Than One Year PreviouslyRead the Press Release
Spokane – Joseph H. Harrington, Acting United States Attorney for the Eastern District of Washington, announced that Jesus Torres, age 39, of Pasco, Washington, was sentenced on two counts of distribution and possession with the intent to distribute methamphetamine. Senior United States District Judge Edward Shea found that Torres was a career offender based upon his extensive criminal history and sentenced him to an180-month term of imprisonment and a five-year term of court supervision following release from Federal prison.
According to information disclosed during court proceedings, Jesus Torres was released from his third 5-year sentence in state court in May 2016. By January 2017, the METRO Drug Task Force in Tri-Cities learned that Torres, a confirmed Soreno gang member, was back in the business of distributing methamphetamine and heroin, utilizing multiple residences and recruiting young adults to work for him to include a 20 year old family member. The METRO Drug Task Force partnered with the FBI Safe Streets Task Force in Tri-Cities during the investigation which culminated in the execution of multiple search warrants and the arrest of Jesus Torres. During the search warrants, law enforcement identified that one of the locations was utilized as a heroin den in the Tri-Cities area, sourced by Torres as well as a loaded firearm that was found to be in Torres’ possession during the investigation.
Joseph H. Harrington said, “Prosecuting drug-trafficking and firearms-related crimes continues to be a priority for the United States Attorney’s Office for the Eastern District of Washington. In addition to mandatory terms of imprisonment for methamphetamine-trafficking offenses, previously convicted felons, gang members and violent felons should be aware that there are serious criminal penalties for repeated offenders who have no respect for the law and that this Office is committed to prosecuting aggressively those offenders who remain a danger to the communities in the Eastern District of Washington.”
This case was investigated by the METRO Drug Task Force and the FBI Safe Streets Task Force in Tri-Cities Washington. This case was prosecuted by Stephanie Van Marter, an Assistant United States Attorney for the Eastern District of Washington.
Bank Robber Who Shot Customer Sentenced to 18 Years in PrisonRead the Press Release
Spokane – Joseph H. Harrington, Acting United States Attorney for the Eastern District of Washington, announced today that Don Charles Owens, age 35, of Elma, Washington was sentenced by Chief United States District Judge Thomas O. Rice to 18 years in prison for Armed Bank Robbery and Discharge of a Firearm During a Crime of Violence. Owens plead guilty to these offenses on August 31, 2017.
According to information disclosed during court proceedings, Owens robbed a branch of Wells Fargo Bank in Spokane, Washington on April 28, 2016. Owens entered the bank shortly before 6:00 p.m. wearing a black ski mask and announced he was robbing the bank. Owens ordered the bank customers to the ground and demanded money from the bank’s customer service representatives, who complied with his directions. As he attempted to flee the bank, a customer moved to stop Owens and struggled with him. Owens produced a handgun and shot the customer twice. Owens then fled the bank leaving behind the black ski mask that the customer had pulled off Owens’ during the struggle.
Numerous law enforcement officers responded to the bank robbery, but found no trace of Owens. The Federal Bureau of Investigation later submitted Owens’ black ski mask to the Washington State Patrol crime laboratory for testing. A forensic scientist at the Washington State Patrol crime laboratory recovered DNA from the ski mask and matched the DNA from the ski mask to Owens’ DNA on file in a law enforcement DNA index.
Joseph H. Harrington stated: “Owens entered the bank armed with a loaded handgun and he was prepared to rob the bank at any cost with no regard for the lives and safety of the bank’s customers or employees. I commend the Spokane Police Department and the FBI for their tenacious resolve in the successful investigation of this case. The sentence that Chief Judge Rice handed down today sends a strong message that egregious conduct, like that exhibited by Owens, will not be tolerated in the Eastern District of Washington and will result in a lengthy sentence intended to punish the offender and protect the community.”
The case was investigated by the Federal Bureau of Investigation and the Spokane Police Department. The case was prosecuted by James A. Goeke, an Assistant United States Attorney for the Eastern District of Washington.
Justice Department Settles Immigration-Related Discrimination Claim Against Pasco, Washington Vegetable Processing PlantRead the Press Release
The Justice Department announced today that it has reached a settlement agreement with Washington Potato Company, which operates the Freeze Pack vegetable processing plant located in Pasco, Washington. The agreement resolves the Department’s investigation into whether Washington Potato discriminated against work-authorized immigrants when verifying their employment authorization, in violation of the Immigration and Nationality Act (INA).
The Department’s investigation revealed that Washington Potato routinely requested that work-authorized non-U.S. citizens present specific documents to confirm their citizenship status, such as Permanent Resident Cards or Employment Authorization Documents, while verifying their authorization to work at the Freeze Pack plant, but did not subject U.S. citizens to such requests. The anti-discrimination provision of the INA prohibits employers from subjecting employees to different or unnecessary documentary demands based on employees’ citizenship, immigration status or national origin.
Under the settlement, Washington Potato will pay a civil penalty of $100,000 to the United States, train its staff, post notices informing workers about their rights under the INA’s antidiscrimination provision, and be subject to departmental monitoring and reporting requirements. An earlier settlement between the Department and Washington Potato Company in May 2017 resolved litigation concerning similar discriminatory conduct by Washington Potato in its management of another facility located in Pasco, Washington.
“Employers must ensure that they do not impose unnecessary and unlawful barriers to employment based on citizenship status,” said Acting Assistant Attorney General John M. Gore of the Civil Rights Division. “We look forward to working with Washington Potato Company to fulfill the terms of this agreement and ensure compliance with the law at all the facilities it operates.”
The Division’s Immigrant and Employee Rights Section (IER), formerly known as the Office of Special Counsel for Immigration-Related Unfair Employment Practices, is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute prohibits citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
Joseph H. Harrington, Acting U.S. Attorney for the Eastern District of Washington, stated: “The U.S. Attorney’s Office commends employers utilizing nondiscriminatory employment hiring practices, adding that “the U.S. Department of Justice remains vigilant in investigating and enforcing reported violations of anti-discrimination laws.”
For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email [email protected]; or visit IER’s English and Spanish websites.
Applicants or employees who believe they were subjected to different documentary requirements based on their citizenship/immigration status or national origin, or discrimination based on their citizenship/immigration status, or national origin in hiring, firing, or recruitment or referral for a fee, should contact IER’s worker hotline for assistance.
Prosser Man Sentenced to 27 Years in Federal Prison for Production of Child PornographyRead the Press Release
Spokane– Joseph H. Harrington, Acting United States Attorney for the Eastern District of Washington, announced that Stephen Jeffrey Castilleja, age 28, of Prosser, Washington, was sentenced today for four counts of Production of Child Pornography. Senior United States District Judge Edward F. Shea sentenced Castilleja to a twenty-seven year term of imprisonment, to be followed by a lifetime of court supervision after he is released from federal prison. Castilleja will also be required to register as a sex offender.
According to information disclosed during court proceedings, in January of 2016, a Kennewick Police Department detective affiliated with the Southeast Regional Internet Crimes Against Children Task Force (SER-ICAC) was conducting an online undercover investigation relating to the distribution of child pornography. During the course of this investigation, an IP address affiliated with Castilleja and his residence in Prosser was identified as distributing known images of child pornography. Law enforcement agents obtained a federal search warrant for Castilleja’s residence.
Law enforcement officers with the SER-ICAC, HSI, and the Benton County Sheriff’s Office executed the search warrant at Castilleja’s residence. Castilleja was located in close proximity to the residence and was subsequently interviewed. During the course of the interview, Castilleja admitted that he possessed “inappropriate videos” on his computer, and advised he thought he may lose a lot of his life, including his teaching job and volunteer position, over the videos. Castilleja further informed officers that he viewed child pornography for ten to fifteen minutes a day at his worst, and could not bring himself to delete his collection of child pornography. Castilleja also admitted that he had produced child pornography images of two minor children when they were five or six years old, and directed officers to specific electronic devices in the residence that contained child pornography.
The electronic devices seized from Castilleja’s residence were forensically examined. Officers located known child pornography images, as well as child pornography images Castilleja had produced of children close to him. The children depicted were children Castilleja had access to by virtue of his job as a first grade teacher, his intimate relationships, and his familial relationships. The child pornography images and videos that Castilleja produced spanned almost a decade, and included images and videos that portrayed Castilleja engaged in sexual abuse of two of the minor victims. Another video depicted a victim in the school where Castilleja taught as a first grade teacher.
At sentencing, Judge Shea read portions of the impact statements submitted by the victims in the case. He emphasized the immense and immediate harm Castilleja’s actions had on the victims and their families, as well as the long-term ramifications of Castilleja’s crimes. Judge Shea also recognized Castilleja’s abuse of the various positions of trust he held in the community, stating, “In this case there was the ultimate betrayal of trust…the face of a predator is not always what we think it will be. In this case it was a face that seem[ed] harmless…” Judge Shea further stated, “You had a compulsion, an obsession, and structured your life in a position to take advantage of little people…when they were most vulnerable.”
Joseph H. Harrington said, “Today’s sentence should serve as a warning to those criminals who produce child pornography -- they will be actively pursued by federal and state law enforcement officers. This egregious case is an example of the superb work that can be accomplished when state and federal law enforcement officers work together. The United States Attorney’s Office will continue to prosecute aggressively child pornography crimes that occur in the Eastern District of Washington.”
“We entrust teachers to serve as role models for our children and safeguard their welfare. As this sentence makes clear, when that trust is violated, there will be serious consequences,” said Brad Bench, special agent in charge for Homeland Security Investigations (HSI) Seattle. “This case should also serve as a stern warning to those who mistakenly believe cyberspace affords them anonymity and they can use the Internet to sexually exploit children with impunity.”
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 Southeast Regional Internet Crimes Against Children Task Force, Homeland Security Investigations, Kennewick Police Department and Benton County Sheriff’s Office conducted the investigation of this matter. The case was prosecuted by Laurel J. Holland, an Assistant United States Attorney for the Eastern District of Washington, and Andrew Howell, Deputy Prosecuting Attorney for Benton County.
Yakima Man Sentenced to 150 Months in Federal Prison for Distributing MethamphetamineRead the Press Release
Spokane – Joseph H. Harrington, Acting United States Attorney for the Eastern District of Washington, announced that Jose Alberto Abundiz, a.k.a. “Scarface”, of Yakima, Washington, was sentenced today after previously having pled guilty on June 28, 2017, to distribution of a controlled substance – methamphetamine. United States District Judge Rosanna Malouf Peterson sentenced Abundiz to a 150-month term of imprisonment, to be followed by a 5-year term of court supervision after he is released from Federal prison.
According to information disclosed during court proceedings, in August of 2016, a citizen advised that a person known as “Scarface” was selling methamphetamine. The citizen later identified “Scarface” as Jose Alberto Abundiz. Law enforcement officers subsequently confirmed that Abundiz was distributing methamphetamine in the Yakima, Washington area. On September 7, 2016, law enforcement officers executed multiple search warrants in Yakima. The officers seized over $4,000 in U.S. currency, ammunition, firearms, and a significant amount of methamphetamine.
Harrington said, “This case again highlights the commitment, dedication, and strong partnership among local, state, and federal law enforcement officers in combating drug trafficking in the Eastern District of Washington. I commend the officers and agents for a job very well done.”
The Yakima Police Department, FBI, and the Washington State Department of Corrections conducted the investigation of this matter. The case was prosecuted by Ian L. Garriques, an Assistant United States Attorney for the Eastern District of Washington.
Pasco Man Sentenced to 204 Months in Federal Prison Methamphetamine, Heroin and Cocaine ConvictionRead the Press Release
Spokane – Joseph H. Harrington, Acting United States Attorney for the Eastern District of Washington, announced that Jorge Ayala Magana, age 39, of Pasco, Washington, was sentenced to a 204-month term of imprisonment for possessing with intent to distribute methamphetamine, heroin and cocaine, and for violating court supervision. Chief United States District Judge Thomas O. Rice sentenced Magana to a 180-month term of imprisonment to be followed by a six-year term of court supervision following release from Federal prison. After finding that Magana had violated court supervision stemming from a previous drug conviction, Chief Judge Rice also imposed an additional 60-month term of imprisonment, with 24-months to be served consecutive to the 180-months.
According to information disclosed during the court proceedings, on December 3, 2016, a Spokane Police Department (SPD) Patrol Anti-Crime Team (PACT) Officer initiated a traffic stop in Spokane, Washington, after observing Magana driving with a suspended license. The PACT officer observed Magana making a suspicious movement toward a passenger in the front seat as he approached the vehicle. The officer observed drug paraphernalia in the vehicle and detained Magana. During the stop, SPD officers seized methamphetamine, heroin, and cocaine. They also seized approximately $3,186 in U.S. currency and a methamphetamine pipe from Magana. At the time, Magana was under court supervision for a drug conviction in Montana. During a subsequent search of Magana’s storage unit, officers seized an additional quantity of methamphetamine, heroin, and cocaine, a scale, and two 4k Smart televisions. Overall, officers seized 342 grams of pure methamphetamine, 184 grams of heroin, and 165 grams of cocaine from Magana’s vehicle and storage unit.
Acting United States Attorney Harrington said, “The sentence imposed in this case reflects the seriousness of drug trafficking crimes. This case is yet another example of the commitment of the United States Attorney’s Office to prosecute aggressively drug cases in the Eastern District of Washington. I commend the law enforcement officers with the Spokane Police Department’s Patrol Anti-Crime Team, the Spokane Safe Streets Task Force, the DEA and the Washington State Patrol, for their tireless efforts in thoroughly investigating this case.”
This investigation was by the DEA, the Spokane Safe Streets Task Force, the Spokane Police Department Patrol Anti-Crime Team (PACT), and Washington State Patrol (WSP). The case was prosecuted by George J.C. Jacobs, III, and Patrick J. Cashman, Assistant United States Attorneys for the Eastern District of Washington.
Omak, Washington Nurse Sentenced to Federal Prison for Adulterating and Misbranding Pain MedicationsRead the Press Release
Spokane – Joseph H. Harrington, Acting United States Attorney for the Eastern District of Washington, announced that Cory J. Riehart, age 32, of Omak, Washington, was sentenced in United States District Court after pleading guilty in July, 2017 to Adulterating a Drug and to Misbranding a Drug with the Intent to Defraud or Mislead. United States District Judge Stanley A. Bastion sentenced Riehart to a 27-month term of imprisonment and a one-year term of court supervision following release from Federal prison. The Judge also ordered Riehart to pay $1,230 in restitution. Riehart has been in custody since July 21, 2017.
According to information disclosed during court proceedings, while working as a registered nurse at a local hospital, Riehart adulterated and misbranded three vials and seventy-nine carpujects of pain medication that were intended for patients. A carpuject is a syringe device for the administration of injectable fluid medications. Riehart removed morphine and hydromorphone directly from the carpujects and vials, refilled the carpujects and vials with saline solution, and then returned the refilled, misbranded and adulterated medications to the hospital’s locked narcotics drawers outside the nurse’s station and emergency room. Hospital staff discovered the adulterated and misbranded medications during routine narcotics counts, removed the drugs to the Pharmacy and notified the Republic, Washington Police Department. Subsequent chemical analysis by the DEA confirmed that the pain medications had been adulterated and misbranded because they contained less than one-tenth of one percent of the volume of controlled substance specified on the drug manufacturer label for each medication.
Acting United States Attorney Harrington said, "Adulterating pain medications intended for patients seeking treatment in a hospital is not only a breach of the public’s trust in the medical profession, but is a callous disregard of basic human compassion for people suffering pain. The United States Attorney’s Office in this District has and will prosecute aggressively any such criminal conduct.”
“Putting patients and their treatment at risk is never acceptable,” said Lisa Malinowski, Special Agent in Charge of the U.S. Food and Drug Administration’s Office of Criminal Investigations, Los Angeles Field Office. “The FDA will continue to pursue all individuals, including health care workers, who adulterate and misbrand drugs.”
This investigation was conducted by the U.S. Food and Drug Administration, Office of Criminal Investigations, DEA, and the Republic, Washington Police Department. The case was prosecuted by George J.C. Jacobs, III, an Assistant United States Attorney for the Eastern District of Washington
Owner of Hanford Subcontractor to Pay $235,000 to Settle Small Business Fraud AllegationsRead the Press Release
Spokane - Joseph H. Harrington, Acting United States Attorney for the Eastern District of
Washington, announced that the U.S. Department of Justice (DOJ) and Sage Tee LLC (Sage Tee), a
subcontractor at the Department of Energy's (DOE) Hanford Site, and its owner, Laura Shikashio,
have reached an agreement wherein Sage Tee and Ms. Shikashio have agreed to pay $235,000 to
resolve allegations that they violated the False Claims Act (FCA) in connection with bidding -
receiving two small business subcontracts at DOE's Hanford nuclear site.
Between 2005 and 2016, Washington Closure Hanford, LLC (WCH), a jointly owned by AECOM,
Bechtel National Inc., and CH2M Hill Companies Ltd., was a DOE prime contractor that was
awarded a multi-billion dollar River Corridor Closure Contract (RCC) at DOE's Hanford Site.
WCH was responsible for environmental remediation on Hanford's River Corridor. WCH workers
were responsible for cleaning up waste sites at Hanford, decontaminating and decommissioning
former plutonium production nuclear reactors and surplus facilities, and disposing of contaminated
waste. The RCC required WCH to award a certain percentage of subcontracts to eligible and
qualified small and disadvantaged businesses, including woman-owned small businesses. Pursuant
to the WCC, DOE fully reimbursed WCH for the amounts WCH paid to subcontractors so long as
they were reasonable and allowable under the contract.
The case originally arose out of a whistleblower complaint filed in U.S. District Court by Savage
Logistics LLC, a Hanford-area small business, and Salina Savage, its owner. In December 2013, the
United States filed a Complaint intervening in the lawsuit, alleging that WCH, Sage Tee LLC (an
entity that purported to be a small, disadvantaged business), Laura Shikashio, the owner of Sage Tee,
and another entity known as Federal Engineers and Constructors (FE&C), violated the False Claims
Act (FCA) with respect to two multi-million dollar subcontracts arranged between WCH and Sage
Tee. The Complaint alleges that WCH, Sage Tee, Ms. Shikashio, and FE&C knowingly
misrepresented Sage Tee to be a qualified disadvantaged small business in order to he eligible for
two multi-million dollar subcontracts that were designated for truly qualified small disadvantaged
businesses. The Complaint further alleges that Sage Tee was not a legitimate small, disadvantaged
business; rather it was a pass-through front company for FE&C, which performed substantially all of
the work on WHC's improperly awarded subcontracts. This settlement resolves Sage Tee and Ms.
Shikashio's liability. See attached Settlement Agreement.
Last month, FE&C agreed to pay $2.0 Million to resolve its own liability exposure. WCH continues
to deny liability and the United States' case against WCH continues.
Joseph H. Harrington said, "Small business fraud not only harms the taxpayers and the vital cleanup
mission at Hanford, but also legitimate small, disadvantaged businesses that are cheated from the
opportunity to fairly compete for and perform DOE subcontracts. I want to commend the
Department of Energy Office oflnspector General (DOE-OIG) and the Small Business
Administration Office of Inspector General (SBA-OIG) for the outstanding efforts investigating and
uncovering the scheme perpetrated here. Harrington added, "The United States Attorney's Office
for the Eastern District of Washington, together with our federal law enforcement partners, will
continue to vigorously pursue large and small business fraud at Hanford."
"The false statements in this case were intended to deceive the government into believing that a
woman-owned small, disadvantaged business was performing valuable work as a government
subcontractor," said Small Business Administration Acting Inspector General Hannibal "Mike"
Ware. "OIG will aggressively pursue parties that, through fraud, gain access to SBA's small
business contracting programs. I want to thank the U.S. Attorney's Office for their dedication to
enforcing compliance in SBA's contracting programs."
Department of Energy Acting Inspector General April G. Stephenson said, "The Department of
Energy Office of Inspector General is committed to ensuring the integrity of Departmental contracts
and financial expenditures. We will continue to investigate allegations of fraudulent diversion of tax
dollars throughout DOE programs. This settlement is a result of our staffs dedicated work to ensure
public funds are properly used for the mission-related purposes for which they are intended. We
appreciate the support of Department of Justice's and Department of Energy's attorneys in these
matters."
The Savage whistleblowers will receive approximately $47,000 of the $235,000 settlement DOJ
reached with Sage Tee and Shikashio due to their own private efforts in reporting and exposing the
described scheme to the DOE and DOJ.
DOE-OIG and SBA-OIG conducted the investigation on the Relators' whistleblower complaint.
The DOJ's lawsuit is being prosecuted by Tyler H.L. Tornabene, Vanessa R.Waldref, and Daniel
Fruchter, Assistant United States Attorneys for the Eastern District of Washington.
This case is captioned United States of America ex rel. Salint;J Savage, Savage Logistics LLC, vs.
Washington Closure Hanford LLC, Federal Engineers and Constructors, Inc., Sage Tee LLC, and
Laura Shikashio, EDWA Cause No. CV-10-5051-SMJ.
Armed Career Criminal Sentenced to 300 Months in Federal Prison for Possessing Methamphetamine and Possessing a Loaded FirearmRead the Press Release
Spokane – Joseph H. Harrington, Acting United States Attorney for the Eastern District of Washington, announced that Christopher Allen Cain, age 52, of Spokane, Washington, was sentenced today for being in possession of methamphetamine with the intent to distribute and being a previously convicted felon in possession of a firearm and ammunition. United States District Court Judge Rosanna Malouf Petersen sentenced Cain, an armed career criminal, to a 300-month term of imprisonment and a five-year term of court supervision following release from Federal prison.
According to information disclosed during court proceedings, a Washington State Patrol Trooper, during the course of a traffic stop of Cain, observed a glass-smoking device commonly used for smoking methamphetamine in close proximity to Cain. Upon further investigation, the Washington State Patrol Trooper observed, in plain view, a handgun on the driver’s side floor board. After securing a search warrant for the vehicle Cain was driving, Washington State Patrol Troopers located a handgun with one round of ammunition loaded in the chamber and another nine rounds of ammunition in the magazine. In close proximity to this firearm were two plastic bags containing methamphetamine. Also located in the vehicle were digital scales, small plastic bags, and additional rounds of ammunition. After a three-day jury trial, the jury return verdicts of guilty to both counts.
Joseph H. Harrington said, “Prosecuting drug-trafficking and firearms-related crimes continues to be a priority for the United States Attorney’s Office for the Eastern District of Washington. In addition to mandatory terms of imprisonment for methamphetamine-trafficking offenses, previously convicted felons and violent felons should be aware that there are serious criminal penalties connected with possessing any firearm, ammunition and body armor and that this office is committed to prosecuting aggressively firearm-related cases in the Eastern District of Washington.”
This case was investigated by the Washington State Patrol and the Spokane Resident Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives. This case was prosecuted by Earl A. Hicks and Patrick J. Cashman, Assistant United States Attorneys for the Eastern District of Washington.
Kennewick Man Sentenced to 5 Years in Federal Prison for Attempted Transfer of Obscene Material to a MinorRead the Press Release
Spokane– Joseph H. Harrington, Acting United States Attorney for the Eastern District of Washington, announced that Donald Russell Tyke Wheeler, of Kennewick, Washington, was sentenced after previously having plead guilty on February 9, 2017, to attempted transfer of obscene materials to a minor. United States District Judge Stanley A. Bastian sentenced Wheeler to a 5-year term of imprisonment, to be followed by a 3-year term of court supervision after he is released from federal prison.
According to information disclosed during court proceedings, in July of 2016, a detective with the Southeast Regional Internet Crimes Against Children Task Force (SER-ICAC) and Homeland Security Investigations (HSI) observed an ad on a well-known website seeking a female to “play”. The detective responded to the ad posing as a thirteen (13) year old minor female. During the course of communications with the minor, Wheeler described in graphic detail the manner in which he wished to have sexual intercourse with the purported child. He also sent multiple pictures of his genitalia to the purported child labeled with the purported child’s name. Wheeler made multiple attempts to meet the purported child to commit the described sexual acts in Kennewick, Washington.
In the fall of 2016, Wheeler was arrested upon arrival at the meet location where he had directed the purported child. In a post-arrest interview, Wheeler admitted that he had communicated with the purported child, and sent the labeled photographs of his genitalia to the purported child. Wheeler further admitted that he had tried to meet with the purported minor on two prior occasions to engage in sexual intercourse.
Joseph H. Harrington said, “The United States Attorney’s Office for the Eastern District of Washington continues to prioritize the investigation and prosecution of crimes involving children, like the offense in this case.”
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.”
Homeland Security Investigations and the Southeast Regional Internet Crimes Against Children Task Force conducted the investigation of this matter. The case was prosecuted by Laurel J. Holland, an Assistant United States Attorney for the Eastern District of Washington.