Western District of Washington
Press releases recorded for this federal judicial district.
Jose Gonzalez-Martinez is Third Conviction in Operation Ice StormRead the Press Release
CHARLOTTESVILLE, VIRGINIA – A federal law enforcement initiative targeting those trafficking methamphetamine into the greater Charlottesville area has led to a third federal conviction after a local man pled guilty today in United States District Court in Charlottesville, United States Attorney John P. Fishwick Jr. announced.
Jose Alfredo Gonzalez-Martinez, 32, of Charlottesville, was arrested on a federal criminal complaint in late March and pled guilty today in District Court to distribution of methamphetamine. Two other men, Alfonso Lopez-Rios and John Mark Fisher were previously convicted and sentenced to federal prison time as part of the Operation Ice Storm initiative. Lopez-Rios was sentenced to 58 months in federal prison and Fisher was sentenced 132 months.
“Methamphetamine is often a drug that leads to other criminal behavior, acts such a domestic abuse, property crime, violence, things that destroy families and communities,” United States Attorney John P. Fishwick Jr. said today. “It is paramount that we continue to work with our partners in law enforcement in manners such as this to slow the spread of this deadly and addictive substance.”
According to evidence presented at previous hearings by Assistant United States Attorney Christopher Kavanaugh, Gonzalez-Martinez sold distribution-sized quantities in the Charlottesville area.
Gonzalez-Martinez, Lopez-Rios and Fisher were prosecuted as part of Operation Ice Storm, a multi-agency operation headed by the Drug Enforcement Administration and in partnership with U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. The operations’ goal is to target larger distributors and traffickers of methamphetamine into Charlottesville and surrounding areas.
The investigation of the case was conducted by the Drug Enforcement Administration and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. Assistant United States Attorney Christopher Kavanaugh prosecuted the case for the United States.
Daycare Operator Pleads Guilty to Defrauding Federally-Funded Program of $250,000Read the Press Release
A daycare operator from Covington, Washington pleaded guilty today in U.S. District Court in Seattle to theft of public funds for falsely claiming reimbursement from a program that provides childcare to low income families, announced U.S. Attorney Annette L. Hayes. HINDIA YUSUF, 52, admitted that she falsely claimed $250,000 in reimbursement from the Working Connections Child Care program, a federally-funded program intended to promote employment in low-income families. YUSUF is scheduled to be sentenced by U.S. District Judge John C. Coughenour on July 29, 2016.
According to facts stated in the plea agreement, beginning in 2005 YUSUF operated Harar Home Daycare. Under a program administered by the Washington State Department of Social and Health Services, YUSUF was paid for providing childcare to low-income families. Between 2012 and 2014, YUSUF claimed to be caring for 24 children divided into two twelve hour shifts. Beginning in January 2012, and ending on September 16, 2014, defendant submitted reimbursement reports to DSHS on which she intentionally overstated the number of hours of child care she and Harar Home Daycare had provided. YUSUF billed DSHS for care at times when she was caring for no children. YUSUF forged the signatures of parents on various logs so that she could seek reimbursement for childcare that was never provided. The amount of loss is estimated to be $250,000.
Theft of public funds is punishable by up to ten years in prison and a $250,000 fine.
The case was investigated by the FBI, the U.S. Department of Housing and Urban Development Office of Inspector General (HUD-OIG) and U.S. Health and Human Services Office of Inspector General (HHS-OIG), and the Washington Department of Social and Health Services (DSHS). .
The case is being prosecuted by Assistant United States Attorney Seth Wilkinson.
Press contact for the U.S. Attorney’s Office is Public Affairs Officer Emily Langlie at (206) 553-4110 or [email protected].
Former Immigration Court Prosecutor Sentenced to Prison for Falsifying DocumentRead the Press Release
A former immigration court prosecutor who used a falsified document in an immigration proceeding, was sentenced today in U.S. District Court in Seattle to 30 days in prison, 100 hours of community service, one year of supervised release, and a 10-year ban on practicing law, announced U.S. Attorney Annette L. Hayes. JONATHAN M. LOVE, 58, pleaded guilty in January 2016 to deprivation of constitutional rights under color of law. At sentencing Magistrate Judge Brian A. Tsuchida said, “This is a very sad day . . . for no good reason you did great harm to this victim.”
According to records filed in the case, in May 2009, LOVE represented to an immigration judge that a particular immigration form had been signed by a person facing deportation in 2000. The evidence indicates that between July 2008 and May 2009, the form was fabricated and altered by LOVE to appear as though it had been signed in 2000, when in fact it had been signed in 2008. The falsified form impacted the person facing deportation by foreclosing a particular form of relief from deportation. When a new attorney noted the irregularities in the form, the case was reopened and the deportation was stayed. The person facing deportation was granted lawful permanent resident status in 2014.
An investigation by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations’ Office of Professional Responsible (OPR) did not uncover any other falsified documents in cases LOVE handled.
The plea agreement calls for LOVE to resign from any bar associations of which he is a member, and prohibits his re-application for ten years. Prosecutors argued the ban was appropriate noting that defendants in immigration court have a “right to proceedings free from false and fabricated evidence knowingly presented against them. When that right is denied, a real harm is inflicted both on society, which loses faith that its government plays fair, and the individual who suffers directly.” LOVE has agreed to pay $12,000 in restitution to the victim for the legal fees spent battling for legal status.
The case was investigated by ICE’s Office of Professional Responsibility.
The case was prosecuted by Assistant United States Attorney Matthew Diggs.
Mill Owner Sentenced to Prison for Purchases and Sales of Stolen Figured Maple from National ForestRead the Press Release
A Winlock, Washington wood buyer was sentenced today in U.S. District Court in Tacoma to six months in prison, six months of home detention and three years of supervised release and $159,692 in restitution for violating the Lacey Act by trafficking in big leaf maple illegally cut on national forest land, announced U.S. Attorney Annette L. Hayes. HAROLD CLAUSE KUPERS, 48, owner and operator of a now defunct company, J & L TONEWOODS, admitted to purchasing multiple cuts of wood without requiring the seller to show a valid Specialized Forest Products Permit, as required by law. KUPERS pleaded guilty in November 2015, admitting he suspected the wood had been illegally cut in the Gifford Pinchot National Forest. At the sentencing hearing U.S. District Judge Benjamin H. Settle said, “You were a central figure in what made this all [the stolen maple trade] work….You knew you were getting stolen wood, but you hid behind ignorance.”
“As long as unscrupulous mill owners like this defendant create a market for poached wood, our protected forests are at risk,” said U.S. Attorney Annette L. Hayes. “This defendant was effectively a ‘fence’ for stolen goods. In his case not stolen jewelry or electronics, but stolen publicly owned and irreplaceable natural resources.”
According to records in the case, in April 2012, law enforcement officers with the U.S. Forest Service met with KUPERS and specifically informed him that he was required by Washington law to review Specialized Forest Products Permits for all persons from whom he purchased maple. Despite being put on notice, between April 2012 and March 2014, KUPERS continued to purchase figured maple without requiring the harvesters to display a Specialized Forest Products permit. KUPERS then sold this figured maple to purchasers in interstate commerce for total revenues of $499,414.
Three men who illegally cut the wood previously pleaded guilty to theft of public property or conspiracy to steal public property for illegally harvesting the maple trees in the Gifford Pinchot National Forest in November and December 2011 and May 2012. James Miller, 36, of Morton, Washington was sentenced in February 2016 to six months in prison and three years of supervised release. Ryan Justice, 28, of Randle, Washington, was sentenced in December 2015 to 15 months in prison. Kevin Mullins, 56, of Packwood, Washington is scheduled for sentencing June 6, 2016.
The case is being investigated by the U.S. Forest Service. The case is being prosecuted by Assistant United States Attorneys Seth Wilkinson and Matthew Diggs.
California Company Settles Allegations It Underpaid Import FeesRead the Press Release
A California-based corporation that imports sportswear for sale to various wholesale customers will pay $1.5 million to resolve allegations under the False Claims Act that it underpaid the import duties on shipments from 2010 to 2014, announced U.S. Attorney Annette L. Hayes. Winds Enterprises, Inc. is the California division of Winds Enterprises, Ltd., a Hong Kong corporation whose business is the manufacturing of sportswear, which is imported into the United States and sold to various clothing lines.
“The undervaluing of imports not only defrauds our customs program, it skews the playing field for competitors,” said U.S. Attorney Annette L. Hayes. “These types of qui tam lawsuits are an important tool for keeping the marketplace honest.”
The case was originally filed under seal as a qui tam, or whistleblower, case in 2013, with a former employee alleging that the company was undervaluing shipments to the United States and therefore paying lower duties on the shipments than authorized pursuant to applicable laws and regulations. As is permitted by the qui tam statutes, the former employee or relator, will receive a portion of the settlement funds. In this case the relator will receive 20 percent of the settlement or $300,000.
“Trade enforcement is a priority for U.S. Customs and Border Protection due to the significant role that it plays in the economic security of the United States,” said Richard DiNucci, Executive Director, Cargo and Conveyance Security, Office of Field Operations. “CBP is responsible for facilitating the legitimate flow of trade, while enforcing the laws against the evasion of duties that protect against unfair trade practices.”
Winds Enterprises, Inc. admits no wrongdoing in the case.
The matter was investigated by U.S. Customs and Border Protection (CBP).
The settlement was negotiated by Assistant United States Attorneys Kayla Stahman and David East.
Press contact for the U.S. Attorney’s Office is Public Affairs Officer Emily Langlie at (206) 553-4110 or [email protected].
Man who Assaulted Girlfriend and Child on Tulalip Tribal Land Sentenced to Nearly Six Years in PrisonRead the Press Release
A 26-year-old man who resided with his girlfriend and their two children on Tulalip Tribal land has been sentenced in U.S. District Court in Seattle to 70 months in prison and three years of supervised release for a series of assaults and threats against the woman and her children, announced U.S. Attorney Annette L. Hayes. JOSHUA CARL VANDERWEL pleaded guilty to assault by strangulation, felony harassment and assault in the third degree on December 3, 2015. VANDERWEL was arrested and originally charged in Tulalip Tribal court following the assaults in September 2014. The case was charged federally in December 2014.
At the sentencing hearing, U.S. District Judge Robert S. Lasnik recommended that VANDERWEL undergo intensive drug treatment for his methamphetamine addiction while incarcerated and on supervised release. The judge noted that VANDERWEL’s girlfriend suffered an “extended period of hell on earth…” with VANDERWEL assaulting her, “threatening to push her off a cliff and slash her throat.”
According to records filed in the case, during the week of September 20, 2014, VANDERWEL repeatedly assaulted and threatened his girlfriend. The assaults included strangling her, hitting her with a metal pipe, throwing knives and lamps at her, and threatening to kill her and burn the house down with her small children inside. VANDERWEL kept the woman captive in the home, not allowing her to use the phone or go to work.
VANDERWEL was arrested by Tulalip Tribal Police, and the case was originally prosecuted as part of a pilot project authorized by the Violence Against Women Reauthorization Act of 2013 (VAWA 2013). The Tulalip Tribes of Washington is one of the first Tribes in the nation to exercise special criminal jurisdiction over certain domestic violence crimes, regardless of the defendant’s Indian or non-Indian status.
The case was investigated by the Tulalip Tribal Police. The case was prosecuted by Assistant United States Attorneys Ye-Ting Woo and Rebecca Cohen and by Special Assistant United States Attorney Sharon Jones Hayden. Ms. Hayden is a Tulalip Tribal Prosecutor specially designated to prosecute cases in federal court.
Former Bookkeeper Sentenced for Embezzling from Tacoma Charity Thrift StoresRead the Press Release
The former bookkeeper for the St. Vincent de Paul Society Stores of Tacoma, Washington, was sentenced today in U.S. District Court in Tacoma to 45 months in prison and three years of supervised release for wire fraud and aggravated identity theft, announced United States Attorney Annette L. Hayes. ANGELA TONEY SAUCIDO, 44, moved from the Tacoma area to Phoenix in 2007, but continued to work for the charity as its bookkeeper through March 2013. At sentencing U.S. District Judge Benjamin H. Settle ordered SAUCIDO to pay more than $543,000 in restitution to St. Vincent de Paul Society.
“This defendant enriched herself at the expense of those who could afford it least,” said U.S. Attorney Annette L. Hayes. “Because of her conduct, St. Vincent de Paul has had to close a number of its stores and lay off a significant portion of its work force. Those in our community who are down on their luck have fewer places to turn to get a helping hand.”
According to records in the case, the embezzlement scheme involved a variety of frauds. SAUCIDO would transfer funds from the St. Vincent de Paul Society Stores bank accounts to her own bank accounts and falsify entries making it appear the transfers were for legitimate purposes. SAUCIDO forged signatures on checks and made electronic fund transfers to benefit her and her family. SAUCIDO made purchases for her personal use on the St. Vincent de Paul Society Stores Home Depot credit account, and then used the charity’s funds to pay for the purchases. Finally, SAUCIDO used the identities of other employees to make it appear they had received additional pay when in fact she had deposited the money into bank accounts she and her husband controlled.
The case was investigated by the FBI and is being prosecuted by Assistant United States Attorney Matthew Hampton.
Felon Sentenced to 7+ Years in Prison for Possessing FirearmsRead the Press Release
A 33-year-old Federal Way man was sentenced Friday April 8, 2016 to 90 months in prison and three years of supervised release for two counts of being a felon in possession of firearms, announced U.S. Attorney Annette L. Hayes. ROBBY LEE ROBINSON, was convicted following a bench trial on January 6, 2016. At trial prosecutors presented evidence that in October 2013, ROBINSON had assaulted a 15-year-old boy, pointing a rifle at him and the next day had threatened the boy’s grandmother while armed with a handgun. At sentencing U.S. District Judge Marsha J. Pechman said ROBINSON created “an extraordinarily dangerous situation… where a teenage boy has a gun pointed at him.”
According to records filed in the case, on October 29, 2013, ROBINSON’s girlfriend made a frantic call to 9-1-1 reporting that ROBINSON was assaulting her son and mother. ROBINSON had attacked the grandmother first pinning her against an exterior wall and threatening her with a rifle. When her 15-year-old grandson came to her aid, ROBINSON punched him, threw him down concrete stairs and pointed the rifle at him. The boy and his grandmother were able to get into the house and lock the door, keeping ROBINSON out. ROBINSON fled the scene before police arrived. The next day police were called again when the grandmother reported that ROBINSON had called the home and was threatening to burn the house down. ROBINSON was spotted in a car in the neighborhood, and using pepper spray, police were able to get him out of the car and into custody. Inside the car police found a Ruger, Model Super BlackHawk, .44 Magnum revolver.
ROBINSON has a lengthy criminal history including convictions for Domestic Violence Assault (2003), Violation of a No Contact Order (2004), Possession of Methamphetamine (2007) and Second Degree Assault (2008). He is prohibited from possessing firearms.
The case was investigated by the Federal Way Police Department and was prosecuted by Special Assistant United States Attorney Stephen Hobbs and Assistant United States Attorney Nicholas Manheim. Mr. Hobbs is a Senior Deputy King County Prosecutor specially designated to prosecute firearms cases in federal court.
Repeat Sex Offender Sentenced to 30 Years in Prison for Creating Video of His Rape of a ChildRead the Press Release
A repeat sex offender who repeatedly raped a child left in his care was sentenced today in U.S. District Court in Seattle to 30 years in prison and lifetime supervised release, announced U.S. Attorney Annette L. Hayes. LEROY ANTHONY WILLIAMS, 33, was arrested in September 2014, when the victim’s mother called Auburn Police after finding a video of a sexual assault of a child on his phone. WILLIAMS attempted to destroy the phone before police arrived, but was unsuccessful. At sentencing U.S. District Judge Robert S. Lasnik said WILLIAMS’ conduct was “horribly depraved and awful…. We need to get you off the streets and away from children.”
According to records filed in the case, an Auburn resident called 9-1-1 on September 29, 2014 after finding a video on WILLIAMS’ phone showing him raping an 11-year-old child. WILLIAMS has a prior conviction as a juvenile for sexually assaulting a 6-year-old child and has repeatedly failed to register as a sex offender as required by law. Because of his prior conviction WILLIAMS is subject to a 25-year mandatory minimum prison term.
Federal charges were brought in October 2014. WILLIAMS pleaded guilty on December 17, 2015. Following today’s sentencing he will be transferred to King County to face charges for the rape of the child in this case.
The case was investigated by the Auburn Police Department and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.
The case was prosecuted by Assistant United States Attorney Matthew Hampton.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc
Former Canadian Youth Soccer Coach Sentenced to 7 Years in Prison for Seeking Sex with Person He Believed was 12-Year-Old GirlRead the Press Release
A 47-year-old man from Surrey, British Columbia was sentenced today in U.S. District Court in Seattle to seven years in prison and ten years of supervised release for a federal sex crime, announced U.S. Attorney Annette L. Hayes. KULDIP “KELLY” SINGH MAHAL was arrested in February 2015 at a park in Burlington, Washington, where he was expecting to meet a 12-year-old girl whom he believed he had enticed into having sexual contact with him. MAHAL had in fact sent multiple sexually explicit messages and photos to an undercover agent with U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI). At the sentencing hearing, U.S. District Judge Robert S. Lasnik said, “We have so many child victims and if we can stop abuse of real children by doing these sting operations, then it is a good use of government resources.”
“Even with the knowledge that another man had been arrested in a similar internet enticement case, this defendant persisted in seeking sex with a 12-year-old child,” said U.S. Attorney Annette L. Hayes. “This case should send a clear message to those trolling the internet to victimize children: you will be caught and pay with your freedom for such crimes.”
According to records in the case, MAHAL responded to a posting on the internet in January 2015. MAHAL sent a picture of his arms and upper body, and expressed interest in a sexual relationship. MAHAL continued to communicate with the undercover agent even after the agent claimed she was 12-years-old. In fact MAHAL sent sexually explicit photos of himself and repeatedly requested the “girl” send sexually explicit photos of herself back to him. MAHAL engaged in lengthy sexualized chats via text message with the “girl.” MAHAL crossed the border from Canada into the U.S. at Blaine, Washington and was arrested at the park where he thought he was going to meet the “girl” and have sex.
MAHAL was employed as a facilities manager for a Vancouver, BC tech firm and was a volunteer coach for a U-16 soccer team in British Columbia.
“We entrust teachers and coaches to serve as role models for our children and safeguard their welfare,” said Bradford Bench, special agent in charge for HSI Seattle. “This sentence should 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. HSI will continue to work closely with our law enforcement partners to investigate these predators and ensure that they feel the full weight of the law.”
MAHAL will be required to register as a sex offender.
The case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) and is being prosecuted by Assistant United States Attorney Kate Vaughan.
Kent Man Who Stole Identity to Work while Collecting Disability Sentenced to PrisonRead the Press Release
A Kent, Washington man whose disability fraud scheme kept a homeless Denver man from getting assistance was sentenced in U.S. District Court in Seattle to 33 months in prison and $200,118 in restitution, announced U.S. Attorney Annette L. Hayes. RICHARD ALAN DYSON, 62, stole the identity of a homeless man in Denver, Colorado and from 1999 to 2015 used the identity to work in construction while still collecting disability benefits in his own name. When the Colorado man tried to get public assistance he was initially disqualified because of the work history attributed to him in Washington State due to DYSON’s identity theft. At yesterday’s sentencing hearing U.S. District Judge Ricardo S. Martinez also imposed three years of supervised release.
“This defendant did not just steal from a government program. He kept a disabled man from getting the Social Security benefits to which he was entitled,” said U.S. Attorney Annette L. Hayes. “The prison sentence imposed in this case sends a clear message that identity theft does real harm and will not be tolerated.”
According to records in the case, DYSON applied for and was granted Social Security Disability in 1992, claiming he was unable to work due to a mental disability. He collected monthly disability payments until his arrest in 2015. In 1999, DYSON began earning income and reporting wages in Washington State under the name and Social Security number of a Colorado man. Between 2007 and 2014, DYSON collected 99 weeks of unemployment benefits using the Colorado man’s name and Social Security number. DYSON lived a completely separate, working life as the Colorado man. DYSON maintained membership in a labor union, completed training courses, paid dues, and held union membership cards, all in the Colorado man’s name. In all, he inhabited the stolen identity for nearly fifteen years, always careful to keep his two personas separate to further his scheme.
Writing to the court, prosecutors noted the fraud was uncovered when the Colorado victim applied for assistance. “This investigation was initiated when a disabled, homeless man in Colorado applied for the critical public welfare benefits needed for survival, only to be denied because his record showed he was working regularly in Washington State. Defendant’s misappropriation of (the victim’s) identification not only cheated the system as a whole, it specifically harmed (the victim) and deprived him of help he required….The victim’s vulnerability and life on the margin of society may have allowed Defendant’s scheme to go on as long as it did, but the impact of his offense is very real….”
The case was investigated by the Social Security Administration Office of Inspector General (SSA-OIG) and is being prosecuted by Special Assistant United States Attorney Benjamin Diggs. Mr. Diggs is an attorney with the Social Security Administration specially designated to prosecute fraud cases in federal court.
Department of Justice Launches 10 Regional Elder Justice Task ForcesRead the Press Release
WASHINGTON – Today, the Department of Justice announced the launch of 10 regional Elder Justice Task Forces. These teams will bring together federal, state and local prosecutors, law enforcement, and agencies that provide services to the elderly, to coordinate and enhance efforts to pursue nursing homes that provide grossly substandard care to their residents.
“Millions of seniors count on nursing homes to provide them with quality care and to treat them with dignity and respect when they are most vulnerable,” said Acting Associate Attorney General Stuart F. Delery. “Yet, all too often we have found nursing home owners or operators who put their own economic gain before the needs of their residents. These task forces will help ensure that we are working closely with all relevant parties to protect the elderly.”
The Elder Justice Task Forces will include representatives from the U.S. Attorneys’ Offices, state Medicaid Fraud Control Units, state and local prosecutors’ offices, the Department of Health and Human Services (HHS), state Adult Protective Services agencies, Long-Term Care Ombudsman programs and law enforcement.
“The Department of Justice has a long history of holding nursing homes and long-term care providers accountable when they fail to provide their Medicare and Medicaid residents with even the most basic nursing services to which they were entitled,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “By bringing everyone to the table, we will be able to more effectively and quickly pursue nursing homes that are jeopardizing the health and well-being of their residents.”
“The model developed in Western Washington relies on close collaboration between federal, state and local law enforcement partners to protect elderly Washingtonians,” said U.S. Attorney Annette L. Hayes. “I’m proud that this district and my law enforcement colleagues are leaders in these investigations that too often demonstrate how physical abuse and financial fraud go hand in hand.”
The 10 Elder Justice Task Forces will be launched in the following Districts: Northern District of California, Northern District of Georgia, District of Kansas, Western District of Kentucky, Northern District of Iowa, District of Maryland, Southern District of Ohio, Eastern District of Pennsylvania, Middle District of Tennessee and the Western District of Washington.
“We believe that by actively participating in the Elder Justice Task Forces announced today through joint investigations, sharing information and regular meetings; we will strengthen our efforts nationally to protect the most vulnerable of our population who reside in our nursing homes and other care facilities,” said Keesha Mitchell, President of the National Association of Medicaid Fraud Control Units and the Director of the Ohio Medicaid Fraud Control Unit.
“The HHS Office of Inspector General (OIG) continues to pursue nursing home operators who provide potentially harmful care to residents who are often unable to protect themselves,” said Chief Counsel to the Inspector General Gregory Demske of HHS. “Creating these task forces sends a message to those in charge of caring for these beneficiaries that grossly substandard care will not be tolerated.”
“The Administration for Community Living was created to help ensure that older adults and people with disabilities are able to live the lives they want, with the people they choose, fully participating in their communities,” said Becky Kurtz, Director of the Office of Long-Term Care Ombudsman Programs at the Administration for Community Living. “Our mission includes supporting their basic right to live with dignity, free from abuse. We appreciate the Department of Justice’s leadership on this important initiative and applaud its long-standing commitment to elder justice efforts.”
“Our most vulnerable citizens deserve the highest quality care and attention,” said Executive Director Kathleen Quinn of the National Adult Protective Services Association. “This initiative will help insure that long-term care facilities provide it. The Department of Justice is to be commended for this, and indeed all its efforts, to protect the millions of elder abuse victims in this country.”
The Elder Justice Task Forces reflect the Department’s larger strategy and commitment to protecting our nation’s seniors, spearheaded by the Department’s Elder Justice Initiative. The Elder Justice Initiative coordinates and supports the Department’s law enforcement efforts and policy activities on elder justice issues. It plays an integral role in the Department’s investigative and enforcement efforts against nursing homes and other long-term care entities that deliver grossly substandard care to Medicare and Medicaid beneficiaries. The Elder Justice Initiative will be providing litigation support and training to the Elder Justice Task Forces. Learn more about the Justice Department’s Elder Justice Initiative at http://www.justice.gov/elderjustice/.
Two Western Washington Men Get Long Prison Terms in Separate Cases Involving Child PornographyRead the Press Release
Two defendants were sentenced this month to long prison terms in separate cases for distributing or creating sexually explicit images of children, announced U.S. Attorney Annette L. Hayes. In the first case, DANNY ZIMMERMAN, 43, a registered sex offender in SeaTac, Washington was sentenced March 15, 2016, to ten years in prison and 20 years of supervised release. ZIMMERMAN was arrested in June 2015, after an investigation traced images of child rape to ZIMMERMAN’s Twitter account and his internet protocol (IP) address.
ZIMMERMAN pleaded guilty in December 2015, to possession of depictions of minors engaged in sexually explicit conduct. According to records filed in the case, between September 2014 and February 2015, Twitter made multiple reports to the National Center for Missing & Exploited Children (NCMEC) about images of child rape uploaded to the internet. The reports resulted in a law enforcement investigation involving Western Washington’s Internet Crimes Against Children (ICAC) Task Force. The investigation revealed that the internet address involved in the distribution of the sexually explicit images was used by ZIMMERMAN. ZIMMERMAN is a registered sex offender with two 1996 convictions for child molestation in the first degree.
In the second case, GREGORY MARK MOLLEY, 54, of Issaquah, Washington was sentenced today to eight years in prison and 15 years of supervised release for receipt of images of minors engaged in sexually explicit conduct. MOLLEY pleaded guilty in December 2015, admitting he used hidden cameras to film children in the bathroom and bedrooms of his home.
Both men were sentenced by U.S. District Judge John C. Coughenour. Judge Coughenour reminded MOLLEY at his sentencing that his conduct was devastating to the victims of his crime.
The MOLLEY case was investigated by the King County Sheriff’s Office (KCSO) and the U.S. Secret Service. The ZIMMERMAN case was investigated by the Internet Crimes against Children Task Force, the Kent Police Department, the King County Sheriff’s Office, and the Department of Homeland Security Investigations.
Both cases were prosecuted by Special Assistant United States Attorney Cecelia Gregson. Ms. Gregson is a Senior Deputy King County Prosecutor specially designated to prosecute child exploitation cases in federal court.
These cases were brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Makah Tribal Member Sentenced to Prison for Assault of Police OfficerRead the Press Release
An enrolled Makah Tribal member who fled the Neah Bay jail and then assaulted a Neah Bay Police Officer in an attempt to escape custody was sentenced today in U.S. District Court in Tacoma to 15 months in prison and three years of supervised release, announced U.S. Attorney Annette L. Hayes. BRANDON JOSEPH EATON, 32, escaped from custody on July 15, 2015. The officer who was escorting EATON at the jail chased him down, and with the help of other community members, subdued EATON. EATON bit and hit the officer causing cuts requiring more than a dozen stitches. At sentencing U.S. District Judge Benjamin H. Settle said it is important for others “to know that if an officer gets injured in the line of duty such as this, it will not go without consequence.”
According to records filed in the case, EATON was being escorted back to his cell after making a telephone call when he ran from the police station and refused to stop when ordered by police. The Neah Bay Police Officer chased EATON for a few blocks. When the officer caught up with EATON, the officer was punched in the face and head repeatedly and was bitten on the hand. The officer’s wounds required 19 stitches. As part of his sentence, EATON was ordered to pay $338 in restitution to the officer to compensate him for time off work and additional childcare costs.
In asking for a prison sentence Neah Bay Police Chief Jasper Bruner wrote to the court “This request is not out of revenge or retribution, this is in the hope that he can address the substance abuse and emotional issues that have plagued him. Mr. Eaton has a long standing history with our police department in a negative way.”
The case was investigated by the FBI and the Neah Bay Office of Public Safety. The case was prosecuted by Assistant United States Attorney Ye-Ting Woo.
Seattle Area Man who Claimed Fictitious Twin Brother to Collect Additional Federal Benefits Convicted of Theft, Mail Fraud and Making False StatementsRead the Press Release
A SeaTac man who used a second identity to defraud public assistance programs for more than 20 years was convicted late yesterday of multiple federal felonies following a three day jury trial, announced U.S. Attorney Annette L. Hayes. TRAVIS EDWARD FISCHER, 49, lived with his girlfriend and three children in SeaTac, while also claiming benefits under the name Edward Travis Fisher in Seattle. By pretending to be two completely separate people, FISCHER was able to illegally collect hundreds of thousands of dollars in benefits administered by the Social Security Administration, the Washington Department of Social and Health Services, and the United States Department of Housing and Urban Development. The jury deliberated for just under three hours before finding FISCHER guilty on all counts. Sentencing before Chief U.S. District Judge Ricardo S. Martinez is scheduled for June 23, 2016.
According to records filed in the case and testimony at trial, FISCHER applied for Social Security disability benefits in his true name in August 1984, and collects them to the present day. In 1987, FISCHER also applied for Supplemental Security Income (SSI) benefits in the name of Edward Fischer, using a different Social Security number. Benefits were approved and paid to that identity beginning in 1987. In order to keep receiving benefits FISCHER had to make false representations to Social Security at various times over the last 25 years. FISCHER illegally collected more than $160,000 in benefits administered by the Social Security Administration.
The fraud did not stop with Social Security benefits but extended to food and medical assistance from the Washington State Department of Social and Health Services (DSHS) totaling more than $164,000. Further, FISCHER defrauded the Seattle Housing Authority by using the false identity to claim a low income unit in the Queen Anne neighborhood of Seattle while living in SeaTac with his girlfriend and children. From 1990 to 2013, FISCHER used the Queen Anne residence at various times to accommodate guests and to receive mail in his false name. The housing benefits totaled more than $152,000.
A case manager first noticed the potential fraud after finding both names in a DSHS database in 2011. When confronted, FISCHER first claimed he was the victim of identity theft, and then claimed that he had a twin brother who was also collecting benefits.
In all FISCHER was convicted of seven counts of mail fraud, seven counts of theft of government funds, Social Security Fraud, Misuse of a Social Security Number, and two counts of making a false statement to the United States.
Mail fraud is punishable by up to 20 years in prison and a $250,000 fine, Theft of government funds is punishable by up to 10 years in prison and a $250,000 fine, Social Security Fraud, Misuse of a Social Security Number and making false statements are each punishable by up to 5 years in prison and $250,000 fine.
The case was jointly investigated by the Social Security Administration Office of the Inspector General (SSA-OIG), the Department of Housing and Urban Development Office of the Inspector General (HUD-OIG) and the DSHS Office of Fraud and Accountability.
The case was prosecuted by Special Assistant United States Attorney Benjamin Diggs and Assistant United States Attorney J. Tate London. Mr. Diggs is an attorney with the Social Security Administration specially designated to prosecute fraud cases in federal court.
Former Faculty Member at UW Business School Sentenced to Prison for Investment Fraud SchemeRead the Press Release
A Seattle man who operated an investment advisory business for more than 20 years was sentenced today in U.S. District Court in Seattle to 40 months in prison, three years of supervised release and $547,461 in restitution for wire fraud, announced U.S. Attorney Annette L. Hayes. SATYEN CHATTERJEE, a/k/a Satyen Chattopadhyay, 65, owned and operated Strategic Capital Management, Inc. from 1992 until the Washington State Department of Financial Institutions ordered it to cease operating illegally in October 2013. At the sentencing hearing U.S. District Judge Thomas S. Zilly told him, “You did, over a long period of time, commit fraud…. stealing money from your friends and clients.”
“This defendant, a native of India, took advantage of the trust that members of his own Bengali community placed in him,” said U.S. Attorney Annette L. Hayes. “As is so often the case, his victims were harmed not only financially, but also in their ability to trust those around them.”
CHATTERJEE, who once taught at the University of Washington Business School, pleaded guilty in May 2015, admitting engaging in a scheme to defraud investors between 2007 and 2013. According to records filed in the case and with the Department of Financial Institutions (DFI), the investigation revealed that at least five victims were defrauded of more than $600,000. CHATTERJEE convinced various investors to make investments with him in what he represented were fixed rate securities. But in fact CHATTERJEE transferred the funds to his own bank accounts, used the money for his own expenses, or lost it as a day trader in the stock market.
For one investor CHATTERJEE created a false account statement making the investor believe his investment was secure. In 2011, CHATTERJEE sent a series of lulling emails to some clients falsely indicating that long time investment associates had defaulted on agreements he had with them, and blaming them for losses in the investments.
The case was investigated by the Washington State Department of Financial Institutions (DFI) and the FBI. The case is being prosecuted by Assistant United States Attorney Justin W. Arnold and Special Assistant United States Attorney Robert Kondrat. Mr. Kondrat is an attorney with DFI.
Korean National Sentenced to Four Years in Prison for Crimes Ranging from Identity Theft to Illegal Firearm PossessionRead the Press Release
A Korean national who had been deported from the U.S. and then returned using falsified documents to commit additional fraud was sentenced today in U.S. District Court in Seattle to four years in prison and $49,815 in restitution, announced U.S. Attorney Annette L. Hayes. CHONG HWA LIM aka Jong Wha Rim, 64 of Federal Way, Washington, was arrested April 14, 2015 in connection with a bank fraud investigation. LIM had been deported from the U.S. in 1995 for alien smuggling and making false statements to a Border Agent. At sentencing U.S. District Judge Richard A. Jones said he had “a significant degree of concern about items found in the search of LIM’s apartment…. They raise concerns about the defendant’s true motives.”
According to records filed in the case, LIM pleaded guilty in December 2015 to Illegal Reentry after Deportation, Forgery and False Use of a Passport, being a Felon in Possession of a Firearm, Conspiracy to Commit Wire Fraud, and Aggravated Identity Theft. When law enforcement searched LIM’s Federal Way apartment in April 2015 they found high-end identity device making equipment; police equipment; counterfeit identifications, credit cards and immigration documents; hundreds of new Social Security cards; a loaded .380 Beretta handgun; an unloaded Mossberg 500 12-gauge shotgun; and a binder containing names, social security numbers, and other identifying information for taxpayers (real and fake) used by the conspirators when filing fraudulent tax returns. LIM and his coconspirators had submitted false tax returns under the names of other people and obtained more than $49,000 in fraudulent refunds. LIM also used a fake Korean passport to obtain a Washington State driver’s license in a false name.
The case was investigated by the Internal Revenue Service Criminal Investigation (IRS-CI), the Kent Police Department, Social Security Administration Office of Inspector General (SSA-OIG), Homeland Security Investigations (HSI) and the U.S. State Department Diplomatic Security Service (DSS).
The case was prosecuted by Assistant United States Attorney Rebecca Cohen and Special Assistant United States Attorney Benjamin Diggs. Mr. Diggs is an attorney with the Social Security Administration specially designated to prosecute fraud cases in federal court.
Bookkeeper for Online Pharmacy Sentenced to Five Years in Prison for Money LaunderingRead the Press Release
The former bookkeeper for an online pharmacy that illegally distributed hundreds of thousands of narcotic drugs across the country was sentenced today in U.S. District Court in Seattle to five years in prison, three years of supervised release, and 200 hours of community service for conspiracy to distribute controlled substances and conspiracy to commit money laundering, announced U.S. Attorney Annette L. Hayes. THOMAS BROOKE, 54, of Cooper City, Florida was the bookkeeper for Discount Pharmacy. At the sentencing hearing U.S. District Judge Richard A. Jones said BROOKE was a “central cog in this operation… Thousands of people continued their addiction because of what you were involved in.”
The internet pharmacy distributed drugs to some 200 customers in Washington State between 2009 and 2012. The pharmacy shipped hundreds of thousands of pills of hydrocodone, phentermine, alprazolam (Xanax) and codeine (Tylenol 4) to people across the country who did not have valid prescriptions for the narcotics. The conspiracy brought in more than $9 million in revenue from the sale of pills during the three year scheme. The pharmacy operated four internet sites through which they solicited customers and allowed customers in Washington State to order drugs. According to the indictment, the conspiracy would continue to refill prescriptions even if no valid prescription existed. In some instances the conspirators simply looked for a physician in the same geographic area as the customer, with a similar sounding name and filled the prescription using the physician’s DEA number without the physician’s knowledge. The pharmacy charged as much as ten times the usual price for the medications.
The conspirators laundered the proceeds of their sales through a brick-and-mortar pharmacy in Florida called Discount Pharmacy of Pines. BROOKE was a key figure in funneling the flow of money through the illegal business and to the conspirators. In June 2012, the DEA seized the conspiracy’s websites, computers, and drug inventory. Even after that seizure BROOKE set up different bank accounts and continued to structure deposits to avoid currency reporting requirements.
Earlier this month Ali Lovins, 44, of Cooper City, Florida was sentenced to three years in prison. Lovins is a registered nurse and was the office manager for Discount Pharmacy. LOVINS pleaded guilty in April 2015 to four felony counts: conspiracy to distribute controlled substances by means of the internet; conspiracy to distribute controlled substances; conspiracy to launder money; and conspiracy to introduce misbranded drugs into interstate commerce.
All but one of the defendants who were indicted in May 2014 has pleaded guilty and is awaiting sentencing:
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The originator of the scheme, JUAN GALLINAL, 48, of Pembroke Pines, Florida is a former police officer from Virginia. He is scheduled for sentencing in October 2016.
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JORDAN TRUXELL, 26, of Davie, Florida served as the registered agent for Discount Pharmacy dba frontierpharmacies.com. He is scheduled for sentencing in May 6, 2016.
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CRAIG GREER, 43, of Hollywood, Florida, a former police officer, worked to promote the internet pharmacy scheme. He is scheduled for sentencing on April 8, 2016.
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KEVIN KOGAN, 48, of Cedar Park, Texas, set up the websites and servers for the online pharmacy, and attempted to hide the conspiracies databases from investigators. He is scheduled for sentencing April 8, 2016.
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JERRY DELMAN, 83, of Miami, Florida, a pharmacist who ostensibly oversaw the prescriptions going out the door to customers is being evaluated for a medical condition that could impact his ability to participate in a trial.
This was an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation, providing supplemental federal funding to the federal and state agencies involved. The case was investigated by the Portland Tactical Diversion Squad which is comprised of the Drug Enforcement Administration (DEA) and the Portland Police Bureau. Substantial investigative assistance was provided by the Food and Drug and Administration (FDA) – Florida, and DEA Miami Field Division.
The case is being prosecuted by Assistant United States Attorneys Mike Lang, Francis Franze-Nakamura and Brian Werner.
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Korean Man Who Used Identity of Brother he Murdered to Commit Gun and Immigration Crimes Sentenced to PrisonRead the Press Release
A former Bellevue resident who was deported from the United States following a conviction for a 1984 murder, was sentenced today in U.S. District Court in Seattle to five years in prison for violating immigration and gun laws, announced U.S. Attorney Annette L. Hayes. JUNNE KYOO KOH, 51, was arrested in August 2014, after his contact with Bellevue Police in June and July 2014 triggered an investigation into his identity. KOH used the identity of his deceased brother to return to the U.S. following deportation and to illegally purchase firearms. At the sentencing hearing Chief U.S. District Judge Ricardo S. Martinez said KOH “committed a very serious crime of violence in the past, that led to his deportation: the murder of his younger brother…. The offense is serious – deported for a very violent crime and voluntarily arming himself with not one but two firearms.”
According to records filed in the case, JUNNE KYOO KOH called Bellevue Police in June 2014, claiming that his name was Sang K. Koh and that he believed his family was missing. When police interviewed KOH at the family home he made accusations about neighbors being involved in kidnapping his parents and brother. KOH talked about shooting the neighbors if they were involved. Detectives removed one gun from the home and went with KOH to a storage locker to retrieve a second weapon. The parents were ultimately located safely residing in Southern California.
Further investigation revealed that KOH was convicted of the 1984 shooting death of his younger brother, Sang. KOH had been sentenced to prison and deported. However, KOH used his deceased brother’s identity to return to the United States and work for a number of years. He also used his brother’s identity to purchase firearms, as he knew he was prohibited from possessing firearms because of the murder conviction. KOH left the Bellevue area and was ultimately arrested August 6, 2014 in Los Angeles where he apparently was trying to locate his family. On November 20, 2015, following a trial before Judge Martinez, KOH was found guilty of being a felon in possession of a firearm, being an alien in possession of a firearm and illegal re-entry after deportation.
The case was investigated by the Bellevue Police Department with assistance from the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). The case was prosecuted by Special Assistant United States Attorney Stephen Hobbs. Mr. Hobbs is a Senior Deputy King County Prosecutor specially designated to prosecute firearms cases in federal court.
Shipping Companies and Engineers Indicted for Concealing Oil PollutionRead the Press Release
A grand jury in Seattle has indicted two shipping companies and two engineers for crimes related to the illegal discharge of oily wastewater from a cargo ship known as the M/V Gallia Graeca, announced U.S. Attorney Annette L. Hayes. The ship’s operator, ANGELAKOS (HELLAS) S.A., its owner, GALLIA GREACA SHIPPING, LTD, and engineers KONSTANTINOS CHRYSOVERGIS and TRYFON ANGELOU are scheduled to be arraigned on the indictment on March 24, 2016. ANGELAKOS (HELLAS) S.A. is a Panama company. GALLIA GREACA SHIPPING, LTD is a Cyprus company.
According to the indictment, the M/V Gallia Graeca travelled from China to Seattle in October 2015. During the voyage, a pollution-control device known as an oil water separator was inoperable, resulting in the accumulation of untreated oily water. On October 16, 26 and 27, 2015, the defendants operated the equipment in a way that bypassed safeguards that prevent the discharge of oily water, resulting in the discharge of more than 5,000 gallons of contaminated water. The indictment alleges that the defendants concealed these incidents from the Coast Guard by making false statements to inspectors, and making false statements and omissions in the ship’s record book. When Coast Guard inspectors asked the engineers to operate the oil water separator during the inspection, the engineers did so in such a way that the equipment appeared to be working properly even though it was not.
The two engineers and the two companies operating the ship are charged with Falsification of Records in a Federal Investigation, which is punishable by up to 20 years in prison, with Concealment of Material Information from the United States, which is punishable by up to 10 years in prison, and with violating the Act to Prevent Pollution from Ships, which is punishable by up to five years of imprisonment. Each count of conviction is also punishable by a $500,000 fine.
The charges contained in the indictment are only allegations. A person or entity is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
The case is being prosecuted by Assistant United States Attorneys Seth Wilkinson and Matthew Diggs and by Special Assistant Attorney Stephen Bor. Mr. Bor is an attorney with the United States Coast Guard specially appointed to prosecute criminal cases in federal court.
The case is being investigated by the U.S. Coast Guard and the Environmental Protection Agency Criminal Investigation Division.
Repeat Bank Robber Sentenced to 12 Years in PrisonRead the Press Release
A long time bank robber who has done multiple prison terms for his crimes was sentenced today in U.S. District Court in Tacoma to 12 years in prison for a January 2015 bank robbery, announced U.S. Attorney Annette L. Hayes. LARRY G. BAILEY, JR., 53, of Chehalis, Washington has spent most of his adult life in prison for bank robbery. This latest robbery occurred shortly after he escaped from a half-way house following his last ten year prison term. At sentencing U.S. District Judge Ronald B. Leighton said the prison term was necessary to protect the community.
According to records filed in the case, on January 26, 2015 BAILEY walked into a Chase bank branch in Chehalis dressed as an elderly woman, with a canvas bag and one of his hands hidden under his shirt. He introduced himself to the bank manager saying he was “on his third strike.” BAILEY told the manager he had a gun and wanted to be taken to the vault. BAILEY took $36,000 from the vault and fled on a silver bicycle. A Lewis County Sheriff’s Deputy spotted BAILEY riding away near an I-5 overpass and after a brief foot pursuit took him into custody. All of the stolen money was recovered.
BAILEY’s bank robbery history begins in the 1980s. His first prison term for bank robbery was 30 months and he was released in 1990. In 1991 he was sentenced to nearly ten years in prison for bank robberies in Kansas and Spokane, Washington. Five years after his release on that prison term, in July 2004, BAILEY was arrested and sentenced to ten years in prison for another bank robbery in Spanaway, Washington. He escaped from a community corrections facility in Tacoma in March 2013, and was taken back into custody in August 2013. BAILEY was sent back to prison to finish his prison term. He had been out of prison less than a year when he committed the bank robbery in Chehalis.
The case was investigated by the Chehalis Police Department, the Lewis County Sheriff’s Office and the FBI. The case was prosecuted by Assistant United States Attorney Grady Leupold.
First of Seven Defendants Who Operated Illegal Online Pharmacy Sentenced to PrisonRead the Press Release
A registered nurse from Florida is the first person to be sentenced to prison in connection with the illegal operation of an online pharmacy that distributed narcotics across the country, announced U.S. Attorney Annette L. Hayes. ALI LOVINS, 44, of Cooper City, Florida is a registered nurse and was the office manager for Discount Pharmacy. Today LOVINS was sentenced to three years in prison, three years of supervised release, 200 hours of community service, and will forfeit $313,360 in drug proceeds. LOVINS pleaded guilty in April 2015 to four felony counts: conspiracy to distribute controlled substances by means of the internet; conspiracy to distribute controlled substances; conspiracy to launder money; and conspiracy to introduce misbranded drugs into interstate commerce. At the sentencing hearing U.S. District Judge Richard A. Jones noted LOVINS was part of a conspiracy that distributed more than a million tablets of narcotic drugs, but noted that unlike a street drug dealer “you don’t have to be in the dark alleys… you don’t have to look in the sunken eyes of an addict… and there was no danger of the drug deal going bad.” Judge Jones noted that prescription drug addiction contributes to the “epidemic of heroin abuse in this community.”
“As a registered nurse this defendant played a key role in the scheme,” said U.S. Attorney Annette L. Hayes. “She lied about the online business in order to keep the drugs flowing. As a nurse she knew the drugs she was selling were feeding addictions, destroying families and contributing to the opioid epidemic we are dealing with today.”
The internet pharmacy distributed drugs to some 200 customers in Washington State between 2009 and 2012. The pharmacy shipped hundreds of thousands of pills of hydrocodone, phentermine, alprazolam (Xanax) and codeine (Tylenol 4) to people across the country who did not have valid prescriptions for the narcotics. The conspiracy brought in more than $9 million in revenue from the sale of pills during the three year scheme. The pharmacy operated four internet sites through which they solicited customers and allowed customers in Washington State to order drugs. According to the indictment, the conspiracy would continue to refill prescriptions even if no valid prescription existed. In some instances the conspirators simply looked for a physician in the same geographic area as the customer, with a similar sounding name and filled the prescription using the physician’s DEA number without the physician’s knowledge. The pharmacy charged as much as ten times the usual price for the medications.
The conspirators laundered the proceeds of their sales through a brick-and-mortar pharmacy in Florida called Discount Pharmacy of Pines. In June 2012, the DEA seized the conspiracy’s websites, computers, and drug inventory.
“This individual blatantly abused her professional status as a registered nurse by facilitating the fraudulent and reckless prescription of highly addictive pharmaceuticals,” said DEA Special Agent in Charge Keith Weis.
All but one of the defendants who were indicted in May 2014 have pleaded guilty and are awaiting sentencing:
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The originator of the scheme, JUAN GALLINAL, 48, of Pembroke Pines, Florida is a former police officer from Virginia.He is scheduled for sentencing in October 2016.
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JORDAN TRUXELL, 26, of Davie, Florida served as the registered agent for Discount Pharmacy dba frontierpharmacies.com. He is scheduled for sentencing in May 6, 2016.
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THOMAS BROOKE, 54, of Cooper City, Florida was the bookkeeper for Discount Pharmacy. He is scheduled for sentencing on March 18, 2016.
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CRAIG GREER, 43, of Hollywood, Florida, a former police officer, worked to promote the internet pharmacy scheme. He is scheduled for sentencing on April 8, 2016.
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KEVIN KOGAN, 48, of Cedar Park, Texas, set up the websites and servers for the online pharmacy, and attempted to hide the conspiracies databases from investigators. He is scheduled for sentencing April 8, 2016.
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JERRY DELMAN, 83, of Miami, Florida, a pharmacist who ostensibly oversaw the prescriptions going out the door to customers is being evaluated for a medical condition that could impact his ability to participate in a trial.
This was an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation, providing supplemental federal funding to the federal and state agencies involved. The case was investigated by the Portland Tactical Diversion Squad which is comprised of the Drug Enforcement Administration (DEA) and the Portland Police Bureau. Substantial investigative assistance was provided by the Food and Drug and Administration (FDA) – Florida, and DEA Miami Field Division.
The case is being prosecuted by Assistant United States Attorneys Mike Lang, Francis Franze-Nakamura and Brian Werner.
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Federal Monitor Finds Seattle Police Department’s Crisis Intervention Efforts in Initial Compliance with Consent Decree RequirementsRead the Press Release
Federal Monitor Merrick Bobb filed an assessment today that finds that the Seattle Police Department’s (SPD) new crisis intervention policies, training and operations to engage people in crisis are in initial compliance with the crisis intervention provisions of the court-ordered agreement with the Department of Justice. The federal monitor filed the ninth of 15 formal assessments with the U.S. District Court and concluded that “there has been a real, tangible, and objective change in the way Seattle police are interacting, compassionately and with an eye towards treatment, with those in crisis.”
Specifically, the formal assessment found:
(1) SPD is dispatching its now large and trained cadre of crisis intervention-trained officers to crisis events in the great majority of instances;
(2) initial data indicates that officers use force against individuals in crisis less than two percent of the time and, when they do use force, 80 percent of the time they use the lowest level of force – and did not once use the highest level of force – even in high-risk situations;
(3) over the past two years, all officers have received some level of crisis intervention training, which has been approved by the Department of Justice, the monitor and the federal court and developed in collaboration with the Crisis Intervention Committee (CIC), an all-voluntary interagency advisory committee composed of the region’s leading mental and behavioral health experts, social service providers, clinicians, community advocates, academics, other law enforcement agencies, the judiciary and members of SPD;
(4) a sufficient number of officers appear to be stationed throughout the city, and on all watches, to provide coverage for crisis incidents;
(5) SPD has institutionalized attention to crisis intervention work by establishing and funding the CIT Program, implementing training and data collection processes, and continuing to take the lead in maintaining the CIC; and
(6) SPD is making strong efforts to guide people in crisis into the social service system, as opposed to arresting and jailing them.
“As we have seen across the country, interactions between police officers and people in crisis, particularly those with mental illness, are a critical issue facing police today,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “Without proper policies and training, these interactions have too often led to force being used against individuals in crisis, at times with disastrous results for both the officers and the individual. We have also seen that, without effective programs in place, individuals with mental illness or other disabilities are being unnecessarily arrested and jailed, impairing effective treatment and overburdening our jails. The Seattle Police Department has made tremendous progress in addressing these issues, and it is quickly becoming a model for departments across the nation.”
“Police officers in Seattle are expected to make 10,000 contacts with people in crisis this year, and each of those encounters presents real and unique challenges to public safety and officer safety,” said U.S. Attorney Annette L. Hayes of the Western District of Washington. “In the past, many interactions with people in crisis resulted in force being used, but organizational and operational changes around crisis intervention, including training officers and empowering them to use discretion and de-escalation, are making a real difference. SPD has embraced best practices and are approaching and resolving crisis situations in ways that increase safety and reduce the use of force.”
The overall purpose of the assessment was to determine whether specially trained officers are being dispatched to incidents involving individuals in crisis, appropriately leading interactions with individuals in crisis and minimizing the need to use force against these individuals (for example through de-escalation techniques). In addition, the monitoring team assessed efforts that underlie the SPD’s ability to effectively meet certain requirements of the consent decree, including: adequately training officers; providing sufficient staffing in the field; maintaining the CIC to help drive a thoughtful and collaborative crisis intervention process; ensuring the ability to properly dispose of crisis incidents, including with attempted referrals to the social service system or arrest where appropriate; and maintaining a data tracking system to provide an ongoing feedback loop to system improvement and accountability.
Contrasting the approach to policing those in crisis prior to the consent decree – when SPD, like many other departments, had “no consistent, unified approach to crisis events” – the monitor found that SPD “ha[d] created a full-fledged crisis intervention program that is successfully being woven into the SPD organization.”
The full assessment is attached.
Previous assessments
Information about the previous assessments can be found here:
- First four assessments relating to use of force reporting and investigations: http://www.justice.gov/usao-wdwa/pr/monitor-finds-seattle-police-initial-compliance-requirements-relating-reporting
- Fifth assessment covering the Force Review Board: http://www.justice.gov/usao-wdwa/pr/monitor-finds-seattle-police-department-s-force-review-board-initial-compliance-consent
- Sixth assessment concerning the Office of Professional Accountability: http://www.justice.gov/usao-wdwa/pr/assessment-seattle-police-department-s-office-professional-accountability-filed-court
- Seventh and eight assessments covering public confidence and community trust: http://www.justice.gov/usao-wdwa/pr/assessments-public-confidence-and-community-trust-seattle-police-department-filed-court
Upcoming assessments
The next assessments to be filed in March include assessments of SPD’s Early Intervention System and three uses of force-related assessments covering officer uses of force, use of force data and officer activity level.
Seattle Monitor's Assessment
Federal Monitor Finds Seattle Police Department's Crisis Intervention Efforts in Initial Compliance with Consent Decree RequirementsRead the Press Release
SEATTLE – Federal Monitor Merrick Bobb filed an assessment today that finds that the Seattle Police Department’s (SPD) new crisis intervention policies, training and operations to engage people in crisis are in initial compliance with the crisis intervention provisions of the court-ordered agreement with the Department of Justice. The federal monitor filed the ninth of 15 formal assessments with the U.S. District Court and concluded that “there has been a real, tangible, and objective change in the way Seattle police are interacting, compassionately and with an eye towards treatment, with those in crisis.”
Specifically, the formal assessment found:
(1) SPD is dispatching its now large and trained cadre of crisis intervention-trained officers to crisis events in the great majority of instances;
(2) initial data indicates that officers use force against individuals in crisis less than two percent of the time and, when they do use force, 80 percent of the time they use the lowest level of force – and did not once use the highest level of force – even in high-risk situations;
(3) over the past two years, all officers have received some level of crisis intervention training, which has been approved by the Department of Justice, the monitor and the federal court and developed in collaboration with the Crisis Intervention Committee (CIC), an all-voluntary interagency advisory committee composed of the region’s leading mental and behavioral health experts, social service providers, clinicians, community advocates, academics, other law enforcement agencies, the judiciary and members of SPD;
(4) a sufficient number of officers appear to be stationed throughout the city, and on all watches, to provide coverage for crisis incidents;
(5) SPD has institutionalized attention to crisis intervention work by establishing and funding the CIT Program, implementing training and data collection processes, and continuing to take the lead in maintaining the CIC; and
(6) SPD is making strong efforts to guide people in crisis into the social service system, as opposed to arresting and jailing them.
“As we have seen across the country, interactions between police officers and people in crisis, particularly those with mental illness, are a critical issue facing police today,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “Without proper policies and training, these interactions have too often led to force being used against individuals in crisis, at times with disastrous results for both the officers and the individual. We have also seen that, without effective programs in place, individuals with mental illness or other disabilities are being unnecessarily arrested and jailed, impairing effective treatment and overburdening our jails. The Seattle Police Department has made tremendous progress in addressing these issues, and it is quickly becoming a model for departments across the nation.”
“Police officers in Seattle are expected to make 10,000 contacts with people in crisis this year, and each of those encounters presents real and unique challenges to public safety and officer safety,” said U.S. Attorney Annette L. Hayes of the Western District of Washington. “In the past, many interactions with people in crisis resulted in force being used, but organizational and operational changes around crisis intervention, including training officers and empowering them to use discretion and de-escalation, are making a real difference. SPD has embraced best practices and are approaching and resolving crisis situations in ways that increase safety and reduce the use of force.”
The overall purpose of the assessment was to determine whether specially trained officers are being dispatched to incidents involving individuals in crisis, appropriately leading interactions with individuals in crisis and minimizing the need to use force against these individuals (for example through de-escalation techniques). In addition, the monitoring team assessed efforts that underlie the SPD’s ability to effectively meet certain requirements of the consent decree, including: adequately training officers; providing sufficient staffing in the field; maintaining the CIC to help drive a thoughtful and collaborative crisis intervention process; ensuring the ability to properly dispose of crisis incidents, including with attempted referrals to the social service system or arrest where appropriate; and maintaining a data tracking system to provide an ongoing feedback loop to system improvement and accountability.
Contrasting the approach to policing those in crisis prior to the consent decree – when SPD, like many other departments, had “no consistent, unified approach to crisis events” – the monitor found that SPD “ha[d] created a full-fledged crisis intervention program that is successfully being woven into the SPD organization.”
The full assessment is attached.
Previous assessments
Information about the previous assessments can be found here:
- First four assessments relating to use of force reporting and investigations: http://www.justice.gov/usao-wdwa/pr/monitor-finds-seattle-police-initial-compliance-requirements-relating-reporting
- Fifth assessment covering the Force Review Board: http://www.justice.gov/usao-wdwa/pr/monitor-finds-seattle-police-department-s-force-review-board-initial-compliance-consent
- Sixth assessment concerning the Office of Professional Accountability: http://www.justice.gov/usao-wdwa/pr/assessment-seattle-police-department-s-office-professional-accountability-filed-court
- Seventh and eight assessments covering public confidence and community trust: http://www.justice.gov/usao-wdwa/pr/assessments-public-confidence-and-community-trust-seattle-police-department-filed-court
Upcoming assessments
The next assessments to be filed in March include assessments of SPD’s Early Intervention System and three use of force-related assessments covering officer uses of force, use of force data and officer activity fifth_systemic_assessment-crisis_intervention.pdf (1.98 MB)level.
Jury Convicts Former IRS Revenue Agent of Accepting BribeRead the Press Release
A former Internal Revenue Service Revenue Agent was convicted today in U.S. District Court in Seattle of two felony counts related to receipt of a bribe, announced U.S. Attorney Annette L. Hayes. PAUL G. HURLEY, 43, of Seattle, was convicted following a two day trial. The jury deliberated for three days in reaching its verdict. U.S. District Judge John C. Coughenour scheduled sentencing for May 13, 2016.
According to testimony at trial and records filed in the case, in the summer of 2015 HURLEY was randomly assigned to audit the corporate taxes of Have a Heart Compassion Care, Inc., a medical marijuana dispensary. In a meeting at one of the dispensary locations, HURLEY presented the owner of the dispensary with the findings of the audit. HURLEY indicated to the business owner that he had ‘saved the owner millions’ during the audit and that he lived paycheck to paycheck. HURLEY asked the business owner for $20,000. The business owner and his attorney reported the bribe request to the FBI. Working with law enforcement, the business owner met twice with HURLEY and in recorded conversations delivered cash in marked bills. Some of this cash was seized from HURLEY at the time of his arrest following the second meeting with the business owner.
At the trial, prosecutors noted that HURLEY had written on the audit paperwork that the business owner had no money to pay on his tax bill following the audit, even as HURLEY sought $20,000 to personally benefit from his work as a public employee. “This is a case about what he didn’t do,” prosecutors told the jury, noting that HURLEY had failed to fulfill his duties as a revenue agent during the audit.
HURLEY had been a revenue agent with the IRS since 2009. Receiving a Bribe by a Public Official is punishable by up to 15 years imprisonment and a $250,000 fine.
The case was investigated by the FBI and by the Treasury Inspector General for Tax Administration (“TIGTA”).
The case was prosecuted by Assistant United States Attorneys Justin W. Arnold and Francis Franze-Nakamura. Press contact for the U.S. Attorney’s Office is Public Affairs Officer Emily Langlie at (206) 553-4110 or [email protected].
Owner of Several ‘Clean and Sober’ Residential Facilities in Snohomish County Arrested for Drug TraffickingRead the Press Release
Investigators with the Drug Enforcement Administration (DEA) and the Seattle Police Department (SPD) arrested the operator of a number of ‘clean and sober’ residential facilities on February 9, 2016, following an investigation that revealed the man was dealing illegal drugs, announced U.S. Attorney Annette L. Hayes. TIMOTHY REHBERG, 50, of Everett was arrested Tuesday following a three-month investigation. In a search of the office at the primary I.C. Clean People Recovery Housing, Incorporated facility in the 2900 block of Everett Avenue in Everett, authorities located approximately one pound of crystal methamphetamine, a quarter pound of heroin, small quantities of marijuana, oxycodone and methadone, and a .38 caliber revolver. REHBERG will make his initial appearance on the criminal complaint in Seattle at 2:00 PM this afternoon. He remains in custody pending a detention hearing.
According to charging documents in Snohomish County, REHBERG came to the attention of law enforcement in December 2015, when a witness identified him as someone selling methamphetamine, heroin, and marijuana. Further investigation confirmed REHBERG’s identity and his occupation as the owner and operator of a chain of clean and sober housing facilities under the name ‘I.C. Clean People Recovery Housing.’ The person working with law enforcement made four purchases of illegal drugs, including methamphetamine, heroin, and marijuana, from REHBERG. REHBERG is prohibited from possessing firearms due to prior felony convictions as well as an active protection order from a domestic partner.
The federal charges will be filed at the initial appearance this afternoon. The charges contained in the complaint are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
The investigation was led by the DEA and SPD with assistance from Health and Human Services, Office of the Inspector General (HHS-OIG), the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), and the Washington State Attorney General’s Office.
Montesano Man Charged with Illegal Firearms PossessionRead the Press Release
SEATTLE – A Montesano man arrested early Saturday morning is charged by criminal complaint with illegal firearms possession, announced U.S. Attorney Annette L. Hayes. The complaint alleges that DANIEL SETH FRANEY, 33, a/k/a Abu Dawuud, possessed firearms in violation of a permanent protection order prohibiting him from possessing firearms. On multiple occasions between September and November 2015, FRANEY handled several firearms, to include firing fully automatic machineguns on one occasion. FRANEY will appear in U.S. District Court in Tacoma today, February 8, 2016, at 2:30 PM.
“This defendant possessed firearms, including machine guns, even though he knew he was prohibited from doing so. He also discussed attacking members of the military and law enforcement,” said U.S. Attorney Annette L. Hayes. “I commend the FBI and the Joint Terrorism Task Force for their diligent efforts to pursue all available leads to ensure the public was protected from any possible harm.”
As set forth in the complaint, beginning in April 2015, multiple Washington state residents began reporting to law enforcement that they had heard FRANEY espouse violent rhetoric, particularly in support of the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization. They also reported hearing FRANEY advocate for the killing of non-Muslim Americans, particularly members of the U.S. military and law enforcement. One citizen reported that FRANEY repeatedly asked to purchase a firearm from the citizen, despite FRANEY’s admissions that he is not legally allowed to possess firearms.
FRANEY was captured on audio attempting to acquire firearms, particularly AK-47s. FRANEY also discussed what he deemed were good targets for an attack. In discussing his attack aspirations, FRANEY repeatedly referred to his support for ISIL.
“The FBI works diligently to have a positive relationship with the Muslim community,” said Frank Montoya, Jr., Special Agent in Charge of the FBI’s Seattle Division. “From our conversations with Muslim community leaders, we know they reject this type of violent ideology and actively contribute to the security of our community, Washington State, and our country.”
FRANEY is charged by complaint with three counts of unlawful possession of firearms and two counts of unlawful possession of machineguns. Each count is punishable by up to ten years in prison and a $250,000 fine.
The charges contained in the complaint are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
The case is being prosecuted by Assistant United States Attorney Todd Greenberg for the Western District of Washington, with assistance from the Counterterrorism Section of the Justice Department’s National Security Division. The investigation was conducted by the FBI’s Joint Terrorism Task Force, which combines investigators from federal, state, and local law enforcement. Task force members include the Seattle Police Department, the Pierce County Sheriff’s Department, the Federal Protective Service, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), and elements of the U.S. Army’s 902nd Military Intelligence Group. In addition, the Grays Harbor County Sheriff’s Department contributed significantly to this investigation.
Port Gamble S’klallam Tribal Member Sentenced to Life in Prison for Five Counts of Aggravated Sexual Abuse of a MinorRead the Press Release
A 59–year old enrolled member of the Port Gamble S’Klallam Tribe was sentenced today in U.S. District Court in Tacoma to life imprisonment for five counts of aggravated sexual abuse of a minor. In October 2015, a jury convicted LEROY CHARLES following a five day trial. At sentencing U.S District Judge Ronald B. Leighton said, “Mr. Charles is in every sense an evil man…. Because of the awful offenses and fallout from those offenses, the pain and hurt he has inflicted makes these very serious offenses…This (sentence) deters Mr. Charles from ever inflicting pain and hurt on anyone again.”
“For years, this defendant raped and abused helpless children, and threatened them and their families with further violence,” said U.S. Attorney Annette L. Hayes. “I commend the strength and perseverance shown by these now young adults in coming forward and seeking justice in this case. Because of the victims’ courage, they have ensured that the defendant will never again have the opportunity to victimize children or other members of their community.”
According to testimony at trial, between 1999 to 2005, CHARLES viciously raped his minor relatives when they were adolescents or young teenagers at various times and places on the Port Gamble S’Klallam reservation. CHARLES overpowered the victims -- in one instance, drugging and then raping the child, and in another instance, tying up and raping the child. CHARLES threatened to kill each of the victims and their families if they disclosed the abuse. When one of the victims left the reservation, CHARLES traveled to the victim’s out-of-state residence, again threatening the victim and saying he would be able to find the victim anywhere. Trial testimony also established that CHARLES raped two other minor aged relatives, in the mid 1980’s, when they were 5 and 6 years old. For one of the relatives, the sexual assaults continued for years until the child was nearly 11 years old.
Writing to the court the Port Gamble S’Klallam Tribal Council told Judge Leighton, “The Council is worried that the tribe’s well-being would be jeopardized if the defendant is released.”
The case was investigated by the Port Gamble S’Klallam Tribal Police and the FBI. The case was prosecuted by Assistant United States Attorneys Ye-Ting Woo and Bruce Miyake.
Former Private School Coach Sentenced for Secretly Filming Students Undressing on School Ski TripsRead the Press Release
The former cross country ski coach at a Seattle private school was sentenced today in U.S. District Court in Seattle to eight years in prison for transportation with intent to engage in criminal sexual activity, announced U.S. Attorney Annette L. Hayes. JASON CHRISTOPHER PAUR, 45, of Seattle was arrested by the Royal Canadian Mounted Police in December 2013 at Silver Star ski area in British Columbia, Canada. The arrest came after female students on a school sponsored field trip discovered a video camera had been hidden in their bedroom. The camera had been positioned to video-tape the young students while they got dressed after showering. PAUR pleaded guilty in November 2015. At the hearing U.S. District Judge John C. Coughenour sentenced PAUR to 15 years of supervised release to follow the eight year prison term.
“This betrayal of trust is every parent’s nightmare,” said U.S. Attorney Annette L. Hayes. “I commend the victims, their families and the school who have remained steadfast in the pursuit of justice in this case.”
According to records in the case, the investigation revealed that PAUR had secretly recorded students while on the annual school ski trip in 2011, 2012, and 2013. The camera seized in Canada contained images of students between the ages of 14 and 17 being filmed while changing clothes or after exiting the shower. In addition, PAUR secretly filmed students changing while on a cross country running trip in 2012, and in 2013, and filmed a student changing in a storage room at the private school. PAUR used the pictures for his own sexual gratification. PAUR traveled with the students to Canada knowing that he planned to film them for his own sexual gratification.
PAUR was immediately removed from the field trip by the chaperones who notified police. PAUR was fired by the school, which has fully cooperated with law enforcement. Since his arrest in 2013, PAUR has been in custody either in Canada or in the Federal Detention Center at SeaTac.
The case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI). The case was prosecuted by Assistant United States Attorney Kate Vaughan.
Press contact for the U.S. Attorney’s Office on February 2, 2016 is First Assistant United States Attorney Micki Brunner at (206) 553-7970.
Assessments of Public Confidence and Community Trust in the Seattle Police Department Filed with CourtRead the Press Release
SEATTLE – Assessments of the state of public confidence and community trust in the Seattle Police Department (SPD) were filed with the Court yesterday. These assessments are the seventh and eighth – of 15 total – formal assessments by the Federal Monitor overseeing whether SPD is complying with the specific requirements and overall goals of the consent decree. The public confidence and community trust surveys looked at progress towards a primary goal of reform: promoting public confidence in SPD, its officers and the services SPD delivers.
An assessment of SPD’s Office of Professional Accountability was filed last week and can be found here. Five previous assessments – which can be found here and here – related to SPD’s use of force reporting investigations and found that, with respect to four of them, SPD was in “initial compliance” with the requirements of the consent decree. The two assessments filed today were not designed to evaluate compliance with specific terms of the consent decree. Rather, these assessments surveyed the “many areas, initiatives, programs, and general characteristics that are commonly associated with community policing and public confidence in law enforcement – and [are] an evaluation of how SPD is doing with respect to each of them.”
“An overarching goal of reform is ensuring that the people of Seattle have trust and confidence in SPD’s ability to be responsive to a diverse community’s needs,” said Annette L. Hayes, U.S. Attorney for the Western District of Washington. “The public confidence survey demonstrates that Seattle residents have increasing faith in SPD. At the same time, it also helps identify areas where there remains work to do, particularly in isolated and marginalized communities, where positive perceptions are lagging. The commitment of community stakeholders – including the Community Police Commission – to identify areas of concern and work with SPD to build strong public safety partnerships is to be commended.”
The assessments of public confidence and trust in SPD include two elements. The first is a statistically-valid survey of public confidence in the SPD and its officers. That survey – which found the overall approval of SPD improving, disapproval of the department decreasing, and fewer troubling interactions between officers and Seattle residents, particularly African Americans and Latinos and notably with respect to the excessive use of force – was filed with the Court in October and can be found here.
The second element of the assessment is a qualitative review of SPD’s efforts to build public confidence with the community. This review included conducting interviews over several months with SPD personnel; reviewing numerous documents and reports created by the SPD, Community Police Commission, and other governmental and community organizations; and interviewing community members from across Seattle. The goal of the review was “to ensure efforts to implement community policing and increase public trust are aligned with recognized best practices in the field of policing today.”
Overall, the Monitor found that, since the start of the consent decree, SPD “has not only fully embraced a community-oriented policing approach, but has demonstrated . . . a willingness to engage and join with the community in an effort that is impressive in focus and shows early signs of success.” That said, the Monitor also noted that these efforts “are just a beginning of the steps necessary to cementing an organizational culture capable of building and sustaining trust with the community,” particularly in isolated communities.
The full assessments are attached.
Aspects of community outreach and engagement have been tasked to the CPC as part of the consent decree process. For instance, following also study and community outreach, the CPC recently released a report on SPD’s recruitment, hiring, and training practices addressing how well they promote engagement with members of the city’s diverse racial, ethnic, immigrant, and refugee communities. This was the first of two reports the CPC was charged in the consent decree to complete. The CPC has announced that it expects to release an additional report in the spring of 2016 that will examine the formal and informal channels of communication between the SPD and these same communities.
Upcoming Assessments
The next assessment to be filed will address crisis-intervention and the dispatching of crisis-trained officers. Also filed in February will be an assessment of the Early Intervention System. In March, assessments relating to supervisors, stops and detentions, and three use of force-related assessments covering officer uses of force, use of force data and officer activity level will be filed.
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Lynden Man Sentenced to Prison and Home Detention for Assault on Federal OfficersRead the Press Release
A Lynden, Washington man who was prosecuted in 2010 for interfering with a U.S. Border Patrol helicopter, was sentenced today to eight months in prison, four months of home detention and a $10,000 fine for assault on a federal officer, announced U.S. Attorney Annette L, Hayes. In July 2015, WAYNE P. GROEN, 46, intentionally drove his truck at a high rate of speed towards three U.S. Border Patrol agents who were working on the side of a road near GROEN’s home. At the sentencing hearing U.S. District Judge James L. Robart called GROEN’s conduct “deeply disturbing” and said it was “extremely dangerous, extremely stupid and extremely filled with the potential for dangerous harm to others.”
According to records filed in federal court, GROEN has had a series of escalating interactions with law enforcement over the last six years. In 2010, he was sentenced to 60 days in jail after he shined a spotlight at a CBP helicopter flying near his property, temporarily blinding the pilot who was forced to take precautions to avoid a crash. Even after that conviction and jail time, GROEN did not change his behavior and engaged in various aggressive interactions with law enforcement, culminating in the July 2015 event where he saw the agents working near his property. GROEN got into his truck for the sole purpose of trying to run the agents off the road. GROEN first swerved at high speed towards two agents on one side of the road, and then drove in the lane for on-coming traffic to swerve towards a third agent on the other side of the road. Fortunately, all three agents were able to jump out of the way.
GROEN has been in prison since he was arrested for the assault in August 2015. After GROEN pleaded guilty, he met with representatives of the U.S. Border Patrol to apologize for his conduct. In court today GROEN claimed he now understands the damaging impact of his conduct, and is hoping for a positive relationship with the Border Patrol. GROEN said he is working with his family to ensure they are co-operative with law enforcement in the future. Judge Robart sentenced him to 50 hours of community service as well as the prison term, home confinement and fine. Judge Robart suggested GROEN do some of that community service by telling groups in the Lynden community what he has learned from his criminal conviction.
The case was investigated by the FBI, U.S. Immigration and Customs Enforcement’s Homeland Security Investigation (HSI) and the Whatcom County Sheriff’s Office. The case was prosecuted by former Assistant United States Attorney Jerrod Patterson and by Assistant United States Attorney Todd Greenberg.
Repeat Bank Robber Who Struck from Coast to Coast Sentenced to 10+ Years in PrisonRead the Press Release
A 57-year-old repeat bank robber was sentenced today in U.S. District Court in Seattle to 127 months in prison and three years of supervised release for multiple bank robberies and the armed robbery of the Nordstrom fine jewelry department, announced U.S. Attorney Annette L. Hayes. WILLIAM MITCHELL was arrested in Grants Pass, Oregon on November 12, 2014, following a string of robberies in Washington State and the robbery of the downtown Nordstrom fine jewelry department on September 11, 2014. At sentencing U.S. District Judge Richard A. Jones said, “In committing these robberies you displayed a callous disregard for the victims and a callous disregard for the consequences of your actions.”
“Seeing a firearm brandished during a bank robbery is a searing experience for anyone who is there,” said United States Attorney Annette L. Hayes. “I commend the FBI and Seattle Police Department for their work on this case that will ensure this defendant will not be able to victimize more bank tellers and patrons for a very long time.”
According to records filed in the case, MITCHELL was identified as a serial bank robbery suspect following the robberies of Homestreet Bank in Seattle (July 28, 2014), Wells Fargo Bank in Seattle (July 29, 2014), Timberland Bank in Olympia (October 30, 2014) and Numerica Federal Credit Union in Spokane (November 7, 2014). Seattle police also used DNA evidence to connect MITCHELL to the armed robbery of the Nordstrom store. DNA evidence also connected MITCHELL to bank robberies in Naples, Florida on April 4, 2014 and in Santa Barbara, California on October 2, 2014. Speaking with investigators following his arrest, MITCHELL admitted he also committed bank robberies in South Burlington, Vermont on July 5, 2014, Ocean Springs Mississippi on May 23, 2014 and Manchester, New Hampshire, on May 30, 2014.
In some of the robberies MITCHELL was armed with a .22 caliber hand gun. In others he was armed with a pellet gun or an airsoft gun – both of which appeared to the victims to be deadly firearms.
MITCHELL has an extensive criminal history in Canada and the U.S. dating back to the early 1980s. In 1990 MITCHELL was sentenced to 207 months in prison for eleven armed bank robberies in Florida, Wisconsin, California and Washington.
The case was investigated by the FBI and the Seattle Police Department. The case was prosecuted by Special Assistant United States Attorney Stephen Hobbs. Mr. Hobbs is a Senior Deputy King County Prosecutor specially designated to prosecute firearms cases in federal court.
Former Washington State Woman Sentenced to Prison for Defrauding Immigrants of More Than $200,000 with Promises of Legal StatusRead the Press Release
SEATTLE - A former resident of Mercer Island, who stole more than $220,000 from immigrants with promises of immigration assistance, was sentenced today in U.S. District Court in Seattle to 16 months in prison and $222,900 in restitution for four counts of wire fraud, announced U.S. Attorney Annette L. Hayes. DALIA IVETTE SINGH, aka Dalia Pena, 62, now a resident of Clearwater, Florida, pleaded guilty in October 2015. At the sentencing hearing U.S. District Judge Richard A. Jones called her behavior “predatory” saying she preyed on those “least able to defend themselves... Her sole purpose was to take money from people who could least afford it.”
“This defendant not only stole money from vulnerable immigrants, she created false hopes and destroyed dreams,” said United States Attorney Annette L. Hayes. “This case is a reminder that there are imposters who prey on those who fear deportation. As this case demonstrates, members of our immigrant communities can safely reach out to law enforcement to report these kinds of scams and frauds, and be assured that those responsible will be held to account.”
According to court records, between 2008 and 2011, SINGH defrauded more than 40 immigrants from the Caribbean and Latin America. SINGH charged some families as much as $36,000, claiming she had a contact with U.S. Citizenship and Immigration Services (USCIS) who could provide the immigrants with legal status in the United States. SINGH claimed her USCIS contact ran a special program the immigrants could use to get legal status. There was no such program and no USCIS contact – SINGH fabricated the story to defraud the victims. The fake program SINGH described required enrollment of a group of people, not just individuals, and so she encouraged victims to recruit more people to enroll with them. In one instance, Singh defrauded about 30 members of a church out of nearly $100,000 with her false promises.
“Those who choose to capitalize on the fear of deportation to victimize immigrants and undermine our nation’s legal immigration system will be held accountable for their actions,” said Shawn Fallah, resident agent in charge of ICE’s Office of Professional Responsibility in Seattle. “We will continue to work tirelessly with our law enforcement counterparts to investigate criminals and imposters who manipulate and exploit the system for their own personal gain and see that they are brought to justice.”
The case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) and its Office of Professional Responsibility (OPR).
Belarus Native Involved in Credit Card Processing for ‘Scareware’ Scheme Extradited from AustriaRead the Press Release
A 35-year-old citizen of Belarus will appear in U.S. District Court in Seattle today following his arrest last year in Vienna, Austria and extradition to the Western District of Washington, announced U.S. Attorney Annette L. Hayes. ALEXANDER MIHAILOVSKI was indicted in August 2012 for conspiracy to commit wire fraud, accessing a protected computer in furtherance of fraud, and intentional damage to a protected computer. MIHAILOVSKI will make an initial appearance today before U.S. Magistrate Judge John L. Weinberg.
“This defendant has now learned the hard lesson that so many other cyber criminals have had to confront: engaging in cybercrime from another country is not an effective shield from being held to account,” said United States Attorney Annette L. Hayes. “This defendant made his initial appearance today because we worked diligently with our law enforcement partners around the world to identify and extradite him. Like others who have committed crimes in our district, this defendant will have his day in court subject to all the protections our criminal justice system provides. But if found guilty, he will be held responsible for the very real harm he caused to the victims of his scam.”
According to the indictment, MIHAILOVSKI operated a credit card payment processing company called Mystique Enterprises LTD, doing business as PSBILL. MIHAILOVSKI and his company were part of an international cybercrime ring that netted $71 million by infecting victims’ computers with “scareware” and selling rogue antivirus software that was supposed to secure victims’ computers but was, in fact, useless.
The prosecution of MIHAILOVSKI is part of Operation Trident Tribunal, a coordinated enforcement action targeting international cybercrime rings that caused more than $71 million in total losses to more than one million computer users through the sale of fraudulent computer security software known as “scareware.” Scareware is malicious software that poses as legitimate computer security software and purports to detect a variety of threats on the affected computer that do not actually exist. Users are then informed they must purchase what they are told is anti-virus software in order to repair their computers. The users are then barraged with aggressive and disruptive notifications until they supply their credit card number and pay for the “anti-virus” product, which is, in fact, fake.
The scareware scheme used a variety of ruses to trick consumers into unknowingly infecting their computers with the malicious scareware products, including web pages featuring fake computer scans. Once the scareware was downloaded, victims were notified that their computers were infected with a range of malicious software, such as viruses and Trojans and badgered into purchasing the fake antivirus software to resolve the non-existent problem at a cost of up to $129. An estimated 960,000 users were victimized by this scareware scheme, leading to $71 million in actual losses.
MIHAILOVSKI is the second foreign national prosecuted in the scheme. In December 2012, Mikael Patrick Sallnert, 40, a citizen of Sweden, was sentenced to four years in prison and was ordered to pay $650,000 in forfeiture. Sallnert also served as a credit card payment processor for the crime ring.
This case is being investigated by the FBI Seattle Division Cyber Task Force and other FBI entities. The case is being prosecuted by Assistant U.S. Attorney Norman Barbosa. Substantial assistance was provided by the Criminal Division’s Office of International Affairs and the Computer Crime and Intellectual Property Section.
Critical assistance in the investigation was provided by the Security Service of Ukraine, German Federal Criminal Police, Netherlands National High-Tech Crime Unit, London Metropolitan Police, Latvian State Police, Lithuanian Criminal Police Bureau, Swedish National Police Cyber Unit, French Police Judiciare, Royal Canadian Mounted Police, Romania’s Directorate for Combating Organized Crime, Cyprus National Police in cooperation with the Unit for Combating Money Laundering, the Danish National Police, and the Austrian Federal Ministry of Justice.
To avoid falling victim to a scareware scheme, computer users should avoid purchasing computer security products that use unsolicited “free computer scans” to sell their products. It is also important for users to protect their computers by maintaining an updated operating system and using legitimate, up-to-date antivirus software, which can detect and remove fraudulent scareware products.
Computer users who think they have been victimized by scareware should file a complaint with the FBI’s Internet Crime Complaint Center, www.ic3.gov.
Assessment of the Seattle Police Department’s Office of Professional Accountability Filed with CourtRead the Press Release
SEATTLE – The assessment of the Seattle Police Department’s (SPD) Office of Professional Accountability (OPA) was filed with the Court today. The assessment constitutes the sixth – of 15 total – formal assessments by the Federal Monitor overseeing whether SPD is complying with the specific requirements and overall goals of the consent decree. The assessment examined the intake of complaints, and investigations of officer misconduct.
The previous five assessments – which can be found here and here – related to SPD’s use of force reporting investigations and found that, with respect to four of them, SPD was in “initial compliance” with the requirements of the consent decree. The assessment filed today was not designed to evaluate compliance with specific terms of the consent decree. Rather, it sought to provide information that would guide (1) revisions to two OPA policies and the OPA Training and Operations Manual (filed with the Court this week), and (2) the process currently underway for evaluating proposals to improve the civilian oversight and accountability system.
“At the heart of this assessment is a core goal of reform: ensuring that complaints about officer misconduct are handled transparently, expeditiously, and with integrity,” said Annette L. Hayes, U.S. Attorney for the Western District of Washington. “This assessment has already informed changes to the way OPA works, and will be critical in further refining how civilian oversight works in Seattle.”
The civilian-led OPA conducts SPD’s complaint-driven administrative investigations of officer misconduct. The OPA assessment specifically evaluated the effectiveness of three areas of these administrative investigations: (1) the design of the process and protocols; (2) the adjudication/review phase; and (3) the investigations themselves.
The Monitor concluded, as to design of the process, that SPD’s complaint investigation process is “exceptionally strong and very well structured.” The Monitor noted that the process requires extensive documentation and redundancy from intake to follow-up to case summary to case completion with internal and external transparency built into the structure. The Monitor also noted that the classifications and findings systems that the Department of Justice – and many community members – concluded were too complex and undermined credibility have been streamlined.
With respect to the effectiveness of adjudication and review, the Monitor concluded that the “back-end” review phase is “among the strongest we have seen,” noting significant advances since DOJ concluded in its investigation in 2011 that OPA overused and misused a now-defunct remediation of “Supervisory Intervention” to dispose of serious complaints.
In the third area of review – the strength of the investigations themselves – the Monitor found the quality of 86 percent of OPA’s investigations are either adequate or superior. To the extent there were inadequate investigations that did not establish sufficient information to support an evidence-based evaluation of an incident, the Monitor identified three areas: (1) the quality and consistency of interviews; (2) the timeliness of interviews; and (3) those investigations that raise potential criminal or terminable offenses (such as false statements). The full OPA assessment is attached below.
Upcoming Assessments
The Monitor’s assessment of Public Confidence and Trust in the Seattle Police Department will be filed next week. That assessment evaluates SPD efforts at promoting public confidence in SPD, its officers, and the services SPD delivers.
The next assessment to be filed will address crisis-intervention and the dispatching of crisis-trained officers. Also filed in February will be an assessment of the Early Intervention System. In March, assessments relating to supervisors, stops and detentions, and three use of force-related assessments covering officer uses of force, use of force data and officer activity level will be filed.
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Tulalip Tribal Member Convicted of Assault, Witness Tampering and Illegal Firearm PossessionRead the Press Release
An enrolled member of the Tulalip Tribes was convicted today in U.S. District Court in Seattle of seven charges involving his repeated assault of an intimate partner, announced U.S. Attorney Annette L. Hayes. Following a six day jury trial, BRIAN H. JONES, SR., 46, of Tulalip and Marysville, Washington, was convicted of assault by strangulation, assault resulting in serious bodily injury, witness tampering, felon in possession of a firearm, possession of a firearm in furtherance of a crime of violence and two counts of assault with a dangerous weapon. The jury deliberated six hours before returning its verdicts. U.S. District Judge Richard A. Jones scheduled sentencing for May 6, 2015.
According to records filed in the case and testimony at trial, JONES assaulted both his ex-wife and her then-current husband in December 2014, holding them at gun point. In April 2015, JONES assaulted his ex-wife a second time, strangling her and beating her. Medical records indicate JONES’ ex-wife suffered injuries to her head, arms, and legs, and throat trauma. Following his arrest in both assaults, records reveal JONES repeatedly contacted his ex-wife and convinced her to refuse to testify in a tribal court trial, as well as to seek a dismissal of the federal charges or recant in federal court. Prosecutors used evidence including the ex-wife’s prior sworn statements, medical records, and other witness statements to prove JONES’ guilt beyond a reasonable doubt.
JONES is also a felon having been previously convicted of a state felony crime, and is thus prohibited from possessing firearms.
JONES has been in federal custody since his arrest on June 3, 2015.
JONES faces up to twenty years in prison for each of the crimes of assault by strangulation, assault resulting in serious bodily injury, assault with a deadly weapon, and witness tampering. He faces a mandatory minimum term of seven years in prison consecutive to the other sentences for assault with a deadly weapon. JONES also faces up to ten years in prison for the crime of felon in possession.
The case was investigated by the Tulalip Tribal Police and the FBI. The case was prosecuted by Assistant United States Attorneys Ye-Ting Woo and J. Tate London.
Owner of String of Marijuana ‘Dispensaries’ Convicted of Drug TraffickingRead the Press Release
A south Puget Sound area resident who tried to hide his illegal drug dealing behind what he falsely claimed was a ‘medical marijuana’ dispensary consistent with state law, was convicted today in U.S. District Court in Tacoma of two federal charges related to drug distribution, announced U.S. Attorney Annette L. Hayes. The jury deliberated 4 hours before finding LANCE EDWARD GLOOR, 37, guilty of conspiracy to distribute marijuana, and manufacturing marijuana. The jury was unable to reach a verdict on conspiracy to commit money laundering and acquitted GLOOR of possession of a firearm in furtherance of a drug trafficking crime. GLOOR faces a mandatory minimum 5 years to 40 years in prison when sentenced by U.S. District Judge Ronald B. Leighton on April 15, 2016.
According to records filed in the case and testimony at trial, GLOOR and his long-time business associate were the subjects of law enforcement investigations as early as 2010. In the fall of 2010, local law enforcement officers executed a search warrant at GLOOR’s home where they discovered more than 70 marijuana plants and a firearm. While awaiting trial on charges filed in state court, GLOOR and his associate opened four so-called marijuana ‘dispensaries:’ Tacoma Cross, Lacey Cross, Seattle Cross, and over on the Kitsap Peninsula, KPN Cross. A joint state and federal law enforcement investigation revealed that these locations claimed to be medical marijuana “non-profit dispensaries” operating under state law, when in fact they were for profit businesses generating millions of dollars in gross revenues totally inconsistent with applicable state requirements. Search warrants were served on the business in 2011, and following that GLOOR claimed he was getting out of the marijuana business. In fact, further investigation and a second round of search warrants in 2013 revealed GLOOR was still operating two of the four dispensaries, but had attempted to hide his ongoing role.
GLOOR was indicted with two co-conspirators in November 2013. His co-conspirators have entered guilty pleas and are awaiting sentencing.
The case was investigated by the Thurston Narcotic Task Force (TNT) and the Drug Enforcement Administration (DEA). The case is being prosecuted by Assistant United States Attorneys Vince Lombardi and Marci Ellsworth.
Man Accused in Drive-By Shooting of Toddler Sentenced to Federal Prison for Illegal Gun PossessionRead the Press Release
A Seattle man who has been charged in connection with the drive-by shooting death of a Kent, Washington toddler was sentenced today in U.S. District Court in Seattle for a separate crime involving the illegal possession of a firearm, announced U.S. Attorney Annette L. Hayes. DEMARTRAE LESHAWN KIME, 24, was sentenced to 46 months in prison and three years of supervised release for being a convicted felon in possession of a firearm in Seattle on October 25, 2014. At sentencing U.S. District Judge Robert S. Lasnik told the defendant, “I take this case very seriously because you armed yourself and had drugs in the car.”
“This case exemplifies the need to keep firearms out of the hands of convicted felons,” said U.S. Attorney Annette L. Hayes. “This defendant used a gun to threaten people who simply walked past his car at a gas station. I commend the witness who not only alerted police, but helped identify this defendant so he could be held accountable.”
According to records filed in the case, KIME was pulling his car into a gas station at 700 12th Avenue in Seattle as three people were leaving the parking lot to get into a ride share vehicle. KIME rolled down his window, pointed a black handgun at the three and told them “Don’t come up on my car like that homey.” After getting into the ride share car, one of the victims called 9-1-1, and described KIME and his car. Seattle police responded and took KIME into custody while he was pumping gas into his car. One of the victims left the concert he was attending in downtown Seattle to return to the scene and identify KIME as the person who pointed the gun at him. At the time of his arrest KIME had a dozen small packages of cocaine in his pocket. After getting a search warrant, police located a Taurus .45 caliber pistol in the glove compartment of the car that matched the description provided by the victims.
KIME is prohibited from possessing firearms because of his convictions for Theft (2013), Assault (2012) and robbery (2010).
After his October 2014 arrest, KIME was released pending state charges. He failed to appear and was later charged with armed robbery in Oregon. KIME was charged in federal court on June 8, 2015 and was taken in to federal custody in the Western District of Washington on June 12, 2015.
Last month, the King County Prosecutor’s Office filed a second degree murder charge, two counts of assault and one count of unlawful possession of a firearm against KIME in connection with the April 16, 2015 drive by shooting death of one-year-old Malijha Grant. The child was in the back seat of her mother’s car when a gunman in a dark colored sedan opened fire on Lake Fenwick road in Kent.
Following today’s sentencing, KIME will be transferred to state custody on the King County charges. KIME also faces an armed robbery charge in the District of Oregon.
The case was investigated by the Seattle Police Department with assistance from the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and is being prosecuted by Special Assistant United States Attorney Stephen Hobbs. Mr. Hobbs is a Senior Deputy King County Prosecutor specially designated to prosecute gun crimes in federal court.
Statement of U.S. Attorney Annette L. Hayes on State of the Union and Seattle Police DepartmentRead the Press Release
Seattle Police Chief Kathleen O'Toole was a guest of First Lady Michelle Obama at last night's State of the Union address in recognition of the Seattle Police Department's reform efforts. Chief O'Toole then met with President Obama and the First Lady after the speech to discuss police reform. U.S. Attorney Annette L. Hayes issued the following statement:
"The White House has recognized the real and significant progress the Seattle Police Department has made in some of the most critical areas of law enforcement, like de-escalation and encounters with community members in crisis. Strong leadership from the Chief of Police, Mayor Murray and other City leaders, continued engagement and dedication by rank and file officers, and collaboration with community stakeholders, especially members of the Community Police Commission, have put Seattle on the path to being leaders in modern policing. And while the work of consent decree compliance continues, the commitment of the City of Seattle is clear. We ask a lot of police officers in Seattle and in communities across the country, and our experiences here show that providing clear guidance, effective training, and real supervision and accountability can increase public safety and strengthen bonds between police departments and the communities they serve."
Currently, as part of reform efforts, the Monitor and Department of Justice are conducting formal assessments to measure whether SPD is in initial compliance with requirements of the court-ordered consent decree. Information about the first five assessments can be found here and here.
Canadian Youth Soccer Coach Pleads Guilty to Sex Crime for Seeking Sex with Person he Believed was 12-Year-Old GirlRead the Press Release
A 47-year-old man from Surrey, British Columbia pleaded guilty today in U.S. District Court in Seattle to a federal sex crime, announced U.S. Attorney Annette L. Hayes. KULDIP “KELLY” SINGH MAHAL was arrested in February 2015 at a park in Burlington, Washington, where he was expecting to meet a 12-year-old girl whom he believed he had enticed into having sexual contact with him. MAHAL believed he had been corresponding with a 12-year-old girl, but in fact he sent multiple sexually explicit messages and photos to an undercover agent with U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI). Under the terms of the plea agreement both sides will recommend a sentence between 78 and 108 months in prison, but U.S. District Judge Robert S. Lasnik is not bound by those recommendations and can impose any sentence up the maximum of 30 years in prison. Sentencing is scheduled for April 1, 2016.
According to the plea agreement and other records filed in the case, MAHAL responded to a posting on the internet in January 2015. MAHAL sent a picture of his arms and upper body, and expressed interest in a sexual relationship. MAHAL continued to communicate with the undercover agent even after the agent claimed she was 12-years-old. In fact MAHAL sent sexually explicit photos of himself and repeatedly requested the “girl” send sexually explicit photos of herself back to him. MAHAL engaged in lengthy sexualized chats via text message with the “girl.” MAHAL crossed the border from Canada into the U.S. at Blaine, Washington and was arrested at the park where he thought he was going to meet the “girl” and have sex.
MAHAL was employed as a facilities manager for a Vancouver, BC tech firm and was a volunteer coach for a U-16 soccer team in British Columbia.
Under the terms of the plea agreement, MAHAL will undergo a psycho-sexual evaluation before sentencing. Based on the results prosecutors could recommend up to lifetime supervision for MAHAL. MAHAL will also be required to register as a sex offender.
The case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) and is being prosecuted by Assistant United States Attorney Kate Vaughan.
Tulalip Tribal Member Sentenced to Two Years in Prison for Purchasing Firearms While Subject to Domestic Violence Protection OrderRead the Press Release
The father of a teen who killed four students, severely injured a fifth student and killed himself last year at Marysville-Pilchuck High School was sentenced today in U.S. District Court in Seattle to two years in prison for six counts of illegal firearms possession, announced U.S. Attorney Annette L. Hayes. RAYMOND LEE FRYBERG, JR., 42, was convicted in September 2015 following a four day jury trial. At the sentencing hearing U.S. District Judge James L. Robart observed that FRYBERG felt his right to own guns “exceeded the law.” Judge Robart said he was troubled by FRYBERG’s failure to pay a fine ordered by the Tribal court, and instead illegally purchasing multiple firearms that were stored in an unsafe manner.
“Guns in the wrong hands are just plain wrong and will not be tolerated,” said U.S. Attorney Annette L. Hayes. “The Department of Justice has an ongoing commitment to prosecuting firearms crimes. The goal is to enforce our gun laws against those who pose a threat to public safety. Here the illegal possession of a firearm played a devastating role in a community tragedy.”
“This case underscores our commitment to keep our federally recognized Tribal communities safe,” said FBI Special Agent in Charge Frank Montoya, Jr. “So much tragedy stemmed from the actions of one person. I commend the resilience of the victim families and the community that are working to move forward.”
According to records filed in the case and testimony at trial, in 2002, FRYBERG’s then-girlfriend asked the Tulalip Tribal Court for an order of protection alleging FRYBERG had recently threatened her and had in the past physically assaulted her by hitting, slapping and/or pulling her hair. The protection order was made permanent in September 2002 and had no expiration date. In September 2012, FRYBERG was back in tribal court and pleaded “no contest” to violating the protection order. FRYBERG was fined and placed on probation for one year. Less than four months later, FRYBERG went to Cabela’s Sporting Goods store on the Tulalip reservation and purchased the Beretta, and, over subsequent months, four other firearms. FRYBERG filled out forms for the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) stating that he was not the subject of any court order restraining him from harassing, stalking, or threatening an intimate partner or the child of a partner. The form states that anyone subject to such an order is prohibited from purchasing a firearm.
According to testimony at trial, FRYBERG purchased a Beretta, Model PX4 Storm, in January, 2013. On October 24, 2014, FRYBERG’s son, 15-year-old Jaylen Fryberg, used the illegally purchased Beretta to kill four students and himself at Marysville-Pilchuck High School in Marysville, Washington. Fryberg’s cousin was critically injured but survived. Jurors were not told of the connection between FRYBERG’s weapons and the school shooting.
When law enforcement executed a search warrant at the FRYBERG home four months after the school shooting, they found five firearms unsecured in a bedroom of the home. Prosecutors noted in their sentencing memo that the firearms were not secured in a gun safe in the home, and instead were accessible to a 14-yearold and two children under the age of six.
The case was investigated by the FBI, and the Tulalip Tribal Police Department. The case was prosecuted by Assistant United States Attorneys Ye-Ting Woo and Bruce Miyake.
Tribal Member Sentenced in Washington State to Two Years in Prison for Purchasing Firearms While Subject to Domestic Violence Protection OrderRead the Press Release
One of Weapons Purchased Illegally Later Used in Marysville-Pilchuck School Shooting
The father of a teen who killed four students, severely injured a fifth student and killed himself in October 2014 at Marysville-Pilchuck High School in Washington State was sentenced today in U.S. District Court in Seattle to two years in prison for six counts of illegal firearms possession, announced U.S. Attorney Annette L. Hayes of the Western District of Washington. Raymond Lee Fryberg Jr., 42, was convicted in September 2015 following a four day jury trial. U.S. District Judge James L. Robart imposed three years of supervised release to follow the prison term.
“Guns in the wrong hands are just plain wrong and will not be tolerated,” said U.S. Attorney Hayes. “The Department of Justice has an ongoing commitment to prosecuting firearms crimes. The goal is to enforce our gun laws against those who pose a threat to public safety. Here the illegal possession of a firearm played a devastating role in a community tragedy.”
“This case underscores our commitment to keep our federally recognized Tribal communities safe,” said Special Agent in Charge Frank Montoya Jr. of the FBI’s Seattle’s Division. “So much tragedy stemmed from the actions of one person. I commend the resilience of the victim families and the community that are working to move forward.”
According to records filed in the case and testimony at trial, in 2002, Fryberg’s then-girlfriend asked the Tulalip Tribal Court for an order of protection. The protection order was made permanent in September 2002 and had no expiration date. In September 2012, Fryberg was back in tribal court and pleaded “no contest” to violating the protection order. Fryberg was fined and placed on probation for one year. Less than four months later, Fryberg went to Cabela’s Sporting Goods store on the Tulalip reservation and purchased a handgun, and, over subsequent months, four other firearms. Fryberg filled out forms for the Bureau of Alcohol, Tobacco, Firearms & Explosives stating that he was not the subject of any court order restraining him from harassing, stalking, or threatening an intimate partner or the child of a partner. The form states that anyone subject to such an order is prohibited from purchasing a firearm.
According to testimony at trial, Fryberg purchased a Beretta, Model PX4 Storm, in January, 2013. On Oct. 24, 2014, Fryberg’s son, Jaylen Fryberg, 15, used the illegally purchased Beretta to kill four students and himself at Marysville-Pilchuck High School in Marysville, Washington. Fryberg’s cousin was critically injured but survived. Jurors were not told of the connection between Fryberg’s weapons and the school shooting.
The case was investigated by the FBI, and the Tulalip Tribal Police Department. The case was prosecuted by Assistant U.S. Attorneys Ye-Ting Woo and Bruce Miyake.
Two King County Residents Enter Guilty Pleas in Separate Child Pornography InvestigationsRead the Press Release
Two Seattle area men pleaded guilty today in U.S. District Court to offenses related to images of child rape and exploitation, announced U.S. Attorney Annette L. Hayes. Both men are being prosecuted as part of the U.S. Attorney’s Office coordinated efforts with the King County Prosecuting Attorney’s Office and Washington’s Internet Crimes Against Children (ICAC) task force.
In the first case, DANNY ZIMMERMAN, 43, a registered sex offender from SeaTac, Washington was arrested in June 2015, after an investigation traced images of child rape to ZIMMERMAN’s twitter account and his internet protocol (IP) address. According to records filed in King County Superior Court and in U.S. District Court, between September 2014 and February 2015, Twitter made multiple reports to the National Center for Missing & Exploited Children (NCMEC) about images of child rape uploaded to the internet. The reports resulted in a law enforcement investigation that revealed that the internet address involved in the distribution of the sexually explicit images was used by ZIMMERMAN. ZIMMERMAN has two 1996 convictions for child molestation in the first degree.
Under the terms of the plea agreement ZIMMERMAN faces a mandatory minimum ten years in prison when sentenced by U.S. District Judge John C. Coughenour on March 15, 2016.
In the second case, GREGORY MARK MOLLEY, 54, of Issaquah, Washington pleaded guilty to receipt of images of minors in sexually explicit conduct and faces a sentence of seven to nine years in prison when sentenced by Judge Coughenour on March 18, 2016. According to the facts in the plea agreement MOLLEY used hidden cameras to film children in the bathroom and bedrooms of his home.
The ZIMMERMAN case was investigated by the Internet Crimes against Children Task Force, the Kent Police Department and the King County Sheriff’s Office. The MOLLEY case was investigated by the King County Sheriff’s Office (KCSO) and the U.S. Secret Service.
Both cases are being prosecuted by Special Assistant United States Attorney Cecelia Gregson. Ms. Gregson is a Senior Deputy King County Prosecutor specially designated to prosecute child exploitation cases in federal court.
These cases were brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys= Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Former Vancouver, Washington Men Sentenced for ‘Pump and Dump’ Stock Fraud SchemeRead the Press Release
A former Vancouver, Washington resident was sentenced today in U.S. District Court in Tacoma to 51 months in prison for a ‘pump and dump’ stock scheme he undertook even after narrowly avoiding prosecution in an earlier scheme, announced U.S. Attorney Annette L. Hayes. TOVY PUSTOVIT, 21, of Gladstone, Oregon is the fifth and final defendant to be sentenced in the stock fraud schemes. At sentencing U.S. District Judge Ronald B. Leighton said “this is a serious offense that corrodes confidence in our markets.”
“The people damaged by these “pump and dump” schemes not only lose money, they lose trust in our financial markets,” said U.S. Attorney Annette L. Hayes. “This defendant was warned that what he was doing was wrong and yet he kept right on cheating and defrauding investors. He will now pay the price for that decision.”
According to the facts set out in the plea agreement, PUSTOVIT participated in a 2012 scheme with Alexander Hawatmeh, Mikhail Galas and Christopher Mrowca to manipulate the stock of ISM International, Inc. PUSTOVIT was not originally charged criminally in that stock manipulation scheme, but following the arrest of the other defendants, investigators uncovered additional information about PUSTOVIT’s participation and about his continuing to scheme to manipulate penny stocks.
In August 2014, Judge Leighton entered a preliminary injunction barring PUSTOVIT and the other defendants from engaging in stock fraud in a civil enforcement action brought by the U.S. Securities and Exchange Commission. Despite that warning, in November 2014 PUSTOVIT conspired with another individual, MARIUS MORARIU, 21, of Beaverton, Oregon in a ‘pump and dump’ scheme involving three companies in the over-the-counter market. PUSTOVIT and MORARIU sought to manipulate the value of Brightech, Inc. (ticker symbol BRTE), General Environmental Management, Inc. (ticker symbol GEVI), and Green Street Capital Corp. (ticker symbol JAGR). MORARIU lined up various apparently unrelated accounts and took cash from PUSTOVIT to purchase the penny stocks. After substantial amounts of stock had been purchased, the two sent out email blasts from various stock promotion websites they controlled: Infinity Stock Picks, Zeus Alerts and Hulk Alerts urging others to buy the stocks. When the price rose further, the two dumped their shares making a significant profit.
Specifically, they manipulated GEVI in early 2015, accumulating some 2.7 million shares. On February 5, 2015 they sent out email blasts from the three different companies touting the stock as being “ready to soar” in value. The stock price rose sharply on the promotion, and the men sold their stock reaping $83,096 in net profits. In the days that followed the price of the shares collapsed harming numerous investors who had been defrauded.
PUSTOVIT has agreed to forfeit to the U.S. $266,373 as criminal proceeds from the overall scheme.
MARIUS MORARIU was sentenced today to three years of probation with ten months of house arrest.
The original coconspirators in the trading of ISM International, Inc., have all been sentenced. Alexander Hawatmeh was sentenced to five years in prison, and Christopher Mrowca was sentenced to three years in prison and Mikhail Galas was sentenced to time served.
The case was investigated by the FBI. The Securities and Exchange Commission (SEC) is conducting a parallel civil investigation. The case is being prosecuted by Assistant United States Attorneys Justin Arnold and Katheryn Kim Frierson.
Former Lakewood Body Shop Owner Sentenced to 10 Years in Prison for Leadership Role in Meth Distribution ConspiracyRead the Press Release
A 45-year-old Lakewood, Washington body shop owner was sentenced today in U.S. District Court in Tacoma to ten years in prison for his leadership role in a Mexico based drug trafficking organization. JAMES E. ROBERTS, who owned ‘Restore and More’ body shop, distributed methamphetamine for a drug trafficking organization operated by Enrique Palomera, an extremely dangerous Mexican-based drug dealer. Palomera remains in Mexico awaiting extradition. At sentencing U.S. District Judge Robert J. Bryan imposed five years of supervised release to follow the prison term.
According to filings in the case, ROBERTS not only sold methamphetamine for the group, he supervised some of his employees who also sold meth. Highlighting the danger of the meth ring, prosecutors noted that one of the co-conspirators is missing and presumed dead after a load was seized by law enforcement.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), and the Lakewood Police Department, with assistance from the Drug Enforcement Administration and the FBI. The case was prosecuted by Assistant United States Attorneys Michael Dion and Amy Jaquette.
Western Washington U.S. Attorney’s Office Collects more than $21 Million for U.S. Taxpayers and Crime Victims in Fiscal Year 2015Read the Press Release
Seattle - U.S. Attorney Annette L. Hayes announced today that the U.S. Attorney’s Office for the Western District of Washington collected more than $21 million between October 1, 2014 and September 30, 2015. The office collected $12,195,918 in criminal and civil actions. Criminal cases accounted for $4,108,596 of the collections and $8,087,322 was collected in civil actions. In addition the office collected $8.9 million in asset forfeitures. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
The Western District of Washington also worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $8,571,092 in cases pursued jointly with these offices. Of this amount, $10,625 was collected in criminal actions and $8,560,467 was collected in civil actions.
These collections are part of the $23 billion that Attorney General Loretta E. Lynch announced yesterday in civil and criminal actions in the fiscal year ending Sept. 30, 2015. The more than $23 billion in collections in FY 2015 represents more than seven and a half times the approximately $2.93 billion of the Justice Department's combined appropriations for the 94 U.S. Attorney's offices and the main litigating divisions in that same period.
“Every day this office goes to work to protect the public and that includes safeguarding taxpayer resources,” said U.S. Attorney Annette L. Hayes. “During this past fiscal year, this has meant returning a total of $21 million to victims of crime and other taxpayer funded programs. This office will continue to work hard to ensure criminals do not profit from their crimes and those who defraud the government do not get to keep their ill-gotten gains.”
The more than $21 million collected in the Western District of Washington are made up of a wide variety of civil and criminal actions brought on behalf of the United States. The largest civil collection in the Western District of Washington was $6.4 million from cardiac monitoring company Bio-Telemetry Inc. The company paid $6.4 million to resolve allegations that its subsidiary, CardioNet, improperly billed the Medicare Program for Mobile Cardiac Outpatient Telemetry (MCOT) services when those services were not reasonable or medically necessary. More on the case here.
On the criminal side, the U.S. Attorney’s Office collected more than $231,000 from Gino Turrella, who committed identity theft while making threats against Boeing and other companies. Elsa Kwong, convicted of widespread food stamp fraud paid $147,967 towards her $1.5 million restitution obligation. Jennifer Kolar, convicted in connection with the 2001 arson at the University of Washington Center for Urban Horticulture paid $77,000 toward restitution for the $7 million in damage caused by the fire. And Colton Harris Moore, known in the media as the ‘Barefoot Bandit’ paid $90,000 towards his restitution obligation of more than $1.1 million.
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
California Medical Device Maker Settles Allegations it Improperly Compensated VA PodiatristsRead the Press Release
A medical device manufacturer based in Sunnyvale, California has agreed to pay $3 million to settle allegations it improperly compensated podiatrists at four Veterans Affairs medical facilities to promote use of its product. Government investigators allege that Spiracur, Inc. improperly compensated VA podiatrists with gifts, gratuities and excessive speaking fees in order to increase sales of its product.
“The law is clear: Government employees are not allowed to accept gifts and gratuities for steering business to a particular company,” said U.S. Attorney Annette L. Hayes. “Care decisions should not be based on who has provided the biggest gift. Taxpayers need to know medical facilities are choosing the right product at the right price for our veterans and others who rely on publicly-funded medical programs.”
Spiracur manufactures and sells a negative pressure wound treatment product, known as “the SNaP system,” which is used primarily in the treatment of diabetic ulcers. Spiracur improperly compensated VA podiatrists who worked at VA facilities in Phoenix, Atlanta, San Francisco and Cleveland. Between 2010 and 2015, Spiracur sold those facilities just over $3.3 million in SNaP systems.
“The integrity of VA’s procurement process of healthcare devices is essential to providing effective care to our nation’s veterans,” said Michael E. Seitler, Special Agent in Charge for the U.S. Department of Veterans Affairs, Office of Inspector General, Northwest Field Office. “This case is one example of the OIG investigating allegations of undue influence into that process. The settlement of this case returns funds to VA that will be used to help care for veterans.”
Under the terms of the settlement agreement, Spiracur admits no wrongdoing and agrees to cooperate with any further investigation into the medical staff who accepted the improper compensation. As part of a separate transaction, Spiracur’s assets are in the process of being acquired by KCI USA, Inc.
The matter was investigated by the Veterans Affairs Office of Inspector General. The case was handled by Assistant United States Attorney Kayla Stahman.
Monitor Finds Seattle Police Department’s Force Review Board in Initial Compliance with Consent Decree RequirementsRead the Press Release
SEATTLE – The formal assessment of Seattle Police Department’s (SPD) Force Review Board (FRB), the high-level internal accountability body established during the reform process to review and analyze significant uses of force, has found SPD to be in initial compliance with specific provisions of the court-ordered agreement with the Department of Justice. Federal Monitor Merrick Bobb filed the fifth of 15 systemic assessments with the U.S. District Court today and concluded that the FRB is “functioning well and, in a great majority of instances, as the Department’s hub of internal accountability, analysis, and continual improvement with respect to force.”
“Critical to lasting reform is having internal systems and structures in place that provide consistent oversight and accountability, and real-time feedback to help a police department continually improve. That is what SPD now has with the Force Review Board,” said Annette L. Hayes, U.S. Attorney for the Western District of Washington. “This assessment shows SPD has made commendable progress in critically analyzing the most significant uses of force and providing ongoing supervision. This is a major step forward.”
As part of the court-ordered reform process, SPD established a tiered force reporting system that requires increased supervision and review of more significant uses of force, including for intermediate (Type II) and the most serious (Type III) uses of force. FRB has two distinct roles in SPD’s enhanced internal accountability and supervisory structure.
The first is to review the investigation of significant force events to determine whether the force used was contrary to SPD policy, such that an internal, administrative investigation by the civilian-led Office of Professional Accountability (OPA) should be initiated. Its secondary role is to review the force incident as a whole for “best practices” to further systemic learning, including analyzing tactics, training, policies, and procedures, to improve officers’ performance in future encounters. Some of the leading police departments in the nation successfully have used this type of accountability system for many years.
The Monitor concluded that FRB serves as the “key forum for ‘internal innovation and critical analysis’ of force.” Specifically, the assessment found that of cases reviewed by FRB between June 2 and August 25, 2015:
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Eighty-five percent of the cases were handled by the FRB in a manner that was consistent with, or above the expectations, of the consent decree.
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In nearly every instance (96 percent of cases), the FRB appropriately evaluated the legal basis for the searches, detentions, and arrests involved in or implicated by the force incident.
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In 87 percent of FRB deliberations, the group’s discussion was based solely on facts in evidence, without speculation.
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In 93 percent of cases, the FRB sufficiently evaluated the objective reasonableness of the force used, the proportionality of force used, and the necessity of force used.
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In instances where equipment issues were implicated, FRB’s discussion adequately addressed those issues in nearly 91 percent of cases.
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Where there were issues involving the adequacy of SPD’s training, policy, or adherence to best practices, the FRB adequately discussed them in 92 percent of cases.
The assessment also found that, in nearly 13 percent of cases, FRB determined that an officer may have violated SPD’s use of force policy and referred the matter to OPA. This is noteworthy given that, between 2009 and 2011, only 0.04 percent of cases received any significant chain of command scrutiny whatsoever. The Department of Justice’s investigation of SPD in 2011 found that during the multi-year time period that the DOJ reviewed, only 5 of 1,230 use of force files reviewed “were referred at any level for further review” up the chain of command. DOJ concluded that the “chain of command does not properly investigate, analyze, or demand accountability from its subordinate officers for their uses of force.” Specifically, SPD’s “secondary review process” for force was “little more than a formality that provides no substantive oversight or accountability”—typically serving as nothing more than “a rubber stamp of the first-line supervisor’s conclusion” that officer force was consistent with policy.
The consent decree requires that the FRB conduct timely, comprehensive, and reliable reviews of Type II and Type III force incidents. It specifies that the Board consist of an Assistant Chief or designee to chair the Board; representatives of the Training Section; a representative of each involved precinct, selected by a precinct captain; and a representative from the Department’s Professional Standards Section that is responsible for drafting SPD policy. A representative of the civilian-led OPA attends each FRB meeting and is permitted to “self-refer” matters he deems concerning.
Board members receive a minimum of eight hours of training on an annual basis on force review. Its mission is to review each use of force packet to determine whether the findings from the chain of command and FIT regarding whether the force used is consistent with law and policy, whether the investigation is thorough and complete, and whether there are tactical, equipment, or policy considerations that need to be addressed.
In September, the Monitor filed the first four assessments relating to the reporting and review of force up to, but not including, the FRB. Those assessments concluded that SPD was in initial compliance in three of the first four areas, including Type I force reporting, Type II and III force reporting and Force Investigation Team investigations for Type III uses of force. Chain of command investigations of Type II uses of force were not found to be in initial compliance. Information about the first round of assessments can be found here: http://www.justice.gov/usao-wdwa/pr/monitor-finds-seattle-police-initial-compliance-requirements-relating-reporting.
Additional assessments, including the quality of Office of Professional Accountability investigations, SPD supervision, stops and detentions, crisis intervention and officer use of force generally will be filed over the next four months. Collectively, these assessments cover every area of the consent decree and will evaluate “whether [SPD] has the systems, policies, structures and culture in place” that the consent decree requires.
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Mill Owner Pleads Guilty to Violating the Lacey Act with Purchases and Sales of Figured Maple from National ForestRead the Press Release
A Winlock, Washington wood buyer and his lumber mill pleaded guilty today in U.S. District Court in Tacoma to violating the Lacey Act for trafficking in Big Leaf Maple cut on national forest land, announced U.S. Attorney Annette L. Hayes. Wood buyer HAROLD CLAUSE KUPERS, 48, and his company J & L TONEWOODS admitted purchasing multiple cuts of wood without requiring the seller to show a valid Specialized Forest Products Permit. In his plea agreement KUPERS admits he suspected the wood had been illegally cut in the Gifford Pinchot National Forest. KUPERS faces up to five years in prison, a $250,000 fine and at least $159,000 in restitution when sentenced by U.S. District Judge Benjamin H. Settle on February 8, 2016.
According to the plea agreement, in April 2012, law enforcement officers with the U.S. Forest Service met with KUPERS and specifically informed him that he was required by Washington law to review Specialized Forest Products Permits for all persons from whom he purchased maple. Despite being put on notice, between April 2012 and March 2014, KUPERS continued to purchase figured maple without requiring the harvesters to display a Specialized Forest Products permit. KUPERS then sold this figured maple to purchasers in interstate commerce for total revenues of $499,414. For example one shipment of maple was sold in May 2012 to PRS Guitars in Maryland for $21,395.
Three men who illegally cut the wood were charged with theft of government property and damaging government property for illegally harvesting the maple trees in the Gifford Pinchot National Forest in November and December 2011 and May 2012. Ryan Justice, 28, of Randle, Washington, has pleaded guilty to theft of government property and is scheduled for sentencing on December 7, 2015. James Miller, 36, of Morton, Washington and Kevin Mullins, 56, of Packwood, Washington are scheduled for trial January 12, 2016.
The case is being investigated by the U.S. Forest Service. The case is being prosecuted by Assistant United States Attorney Seth Wilkinson.
Former Swinomish Police Chief Sentenced to 16 Months in Prison for Stealing Tribal FundsRead the Press Release
The former Police Chief of the Swinomish Tribe was sentenced today in U.S. District Court in Seattle to 16 months in prison and two years of supervised release for theft of tribal funds, announced United States Attorney Annette L. Hayes. THOMAS J. SCHLICKER, 57, of Stanwood, Washington, served as the Swinomish Police Chief from 1997 until September 2014, when his employment was terminated. SCHLICKER stole more than $30,000 that belonged to the tribe. At sentencing U.S. District Judge John C. Coughenour called the crime “a breach of trust” and ordered SCHLICKER to pay $17,849 for a total restitution to the Swinomish tribe of more than $33,000.
“This defendant betrayed the trust placed in him by the Swinomish Tribe,” said U.S. Attorney Annette L. Hayes. “As the Chief of Police for the tribe for nearly 25 years, his job was to protect the tribe – not steal from it. We will continue to work with the Federal Bureau of Investigation and the Tribes in Western Washington to ensure that those who embezzle funds are identified and held to account.”
“It is a sad day for our community. We entrusted him for 25 years… We trusted him and he betrayed our trust,” Swinomish Tribal Chairman Brian Cladoosby told the court. “People need to know that when they come to work in Indian Country… that this is not acceptable.”
According to the plea agreement, between 2008 and 2014 SCHLICKER set up a secret bank account in the name of the Swinomish Police Department, without the knowledge of the tribal accounting department. SCHLICKER then deposited checks made out to the tribal police into the secret account and withdrew the proceeds in cash, which he then used for his own purposes. SCHLICKER also used the Tribe’s Chevron/Texaco credit card to purchase gas for his and his family members’ personal vehicles. The total loss to the Swinomish Tribe is $33,622.
In asking for a sentence at the high end of the guidelines range, prosecutors noted the crime was a repeated betrayal of trust by a 20+ year employee. “This is far from an isolated misjudgment during a time of weakness. Rather, this was a calculated offense that occurred over five years and involved 38 fraudulent deposits and 37 fraudulent withdrawals, for a total of 75 fraudulent transactions on the Secret Account alone. Each of these transactions was a separate decision to commit a crime, as was each decision to misuse the tribal gas card or submit a fraudulent reimbursement request,” prosecutors wrote in their sentencing memo.
The case was investigated by the FBI, the Washington State Patrol, and the Swinomish Tribe. The case is being prosecuted by Assistant United States Attorneys Seth Wilkinson and Ye-Ting Woo.