Western District of Washington
Press releases recorded for this federal judicial district.
Bremerton, Washington, Man Sentenced for Anti-Gay Hate Crime on Seattle’s Capitol HillRead the Press Release
WASHINGTON – A Bremerton, Washington, man has been sentenced to 30 months in prison following his conviction of a federal hate crime, announced Principal Deputy Assistant Attorney General Vanita Gupta, head of the Department of Justice’s Civil Rights Division, and U.S. Attorney Annette L. Hayes of the Western District of Washington.
Troy Deacon Burns, 38, was charged with violating the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. Burns pleaded guilty on Aug. 5, 2015, and admitted that just after midnight on Jan. 25, 2015, he attacked three gay men who were walking in Seattle’s Capitol Hill neighborhood.
Burns admitted in his plea agreement that he came up behind the three men and shouted homophobic slurs. Burns then raised a knife over his head in a stabbing position. Fearing for their safety, the men started running. As Burns caught up to one of the men, he again used a slur and attempted to stab the man. One of the other men was able to pull his friend away from Burns. The third man located Seattle police officers who took Burns into custody. While detained in the police car, Burns continued to yell homophobic slurs. During the plea hearing, Burns said he was under the influence of drugs and alcohol at the time of the assault and claimed that he does not remember his actions.
“The Department of Justice will continue to vigilantly protect the rights of victims who are targeted simply because of their sexual orientation,” said Principal Deputy Assistant Attorney General Gupta. “Six years have passed since the enactment of the Hate Crimes Prevention Act, and it continues to serve as an important tool for federal law enforcement.”
“No one should have to fear attack because of their sexual orientation when they walk down the streets of the cities and towns in Western Washington,” said U.S. Attorney Hayes. “The U.S. Attorney’s Office is committed to working closely with the Civil Rights Division to ensure cases like this are prosecuted and that the common decency that is at the heart of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act is respected by all.”
The case was investigated by the Seattle Police Department and the FBI. The case was prosecuted by Assistant U.S. Attorney Bruce Miyake of the Western District of Washington and Trial Attorney Saeed Mody of the Civil Rights Division. The King County, Washington, Prosecuting Attorney’s Office provided significant assistance with the case as well.
Bremerton, Washington, Man Sentenced for Anti-Gay Hate Crime on Seattle’s Capitol HillRead the Press Release
A Bremerton, Washington, man has been sentenced to 30 months in prison following his conviction of a federal hate crime, announced Principal Deputy Assistant Attorney General Vanita Gupta, head of the Department of Justice’s Civil Rights Division, and U.S. Attorney Annette L. Hayes of the Western District of Washington.
Troy Deacon Burns, 38, was charged with violating the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. Burns pleaded guilty on Aug. 5, 2015, and admitted that just after midnight on Jan. 25, 2015, he attacked three gay men who were walking in Seattle’s Capitol Hill neighborhood.
Burns admitted in his plea agreement that he came up behind the three men and shouted homophobic slurs. Burns then raised a knife over his head in a stabbing position. Fearing for their safety, the men started running. As Burns caught up to one of the men, he again used a slur and attempted to stab the man. One of the other men was able to pull his friend away from Burns. The third man located Seattle police officers who took Burns into custody. While detained in the police car, Burns continued to yell homophobic slurs. During the plea hearing, Burns said he was under the influence of drugs and alcohol at the time of the assault and claimed that he does not remember his actions.
“The Department of Justice will continue to vigilantly protect the rights of victims who are targeted simply because of their sexual orientation,” said Principal Deputy Assistant Attorney General Gupta. “Six years have passed since the enactment of the Hate Crimes Prevention Act, and it continues to serve as an important tool for federal law enforcement.”
“No one should have to fear attack because of their sexual orientation when they walk down the streets of the cities and towns in Western Washington,” said U.S. Attorney Hayes. “The U.S. Attorney’s Office is committed to working closely with the Civil Rights Division to ensure cases like this are prosecuted and that the common decency that is at the heart of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act is respected by all.”
The case was investigated by the Seattle Police Department and the FBI. The case was prosecuted by Assistant U.S. Attorney Bruce Miyake of the Western District of Washington and Trial Attorney Saeed Mody of the Civil Rights Division. The King County, Washington, Prosecuting Attorney’s Office provided significant assistance with the case as well.
Twelve Arrested in Two Year Investigation of Major Meth and Heroin Trafficking OrganizationRead the Press Release
A two year investigation of a major drug trafficking ring in King and Snohomish counties culminated in 12 arrests today following the unsealing of a grand jury indictment and filing of criminal complaints against two dozen defendants, announced U.S. Attorney Annette L. Hayes. Over the two years of the Drug Enforcement Administration led investigation, law enforcement seized more than 50 pounds of heroin and more than 100 pounds of methamphetamine. The organization moved significant amounts of cash as part of their trafficking. To date more than $1,118,000 has been seized by law enforcement.
“Heroin and methamphetamine remain significant threats to the health of our communities. This group was transporting and distributing large quantities of both drugs up through California and into King and Snohomish Counties,” said U.S. Attorney Annette L. Hayes. “I commend the DEA-led task force that worked diligently to identify those in this distribution chain so that they can be held accountable for spreading these poisons in the Puget Sound region.”
Early this morning law enforcement served search warrants on ten locations in King and Snohomish Counties. Today alone law enforcement seized 14 pounds of heroin, 43 pounds of methamphetamine, a large sum of cash and eight handguns.
“Heroin and methamphetamine seizures have skyrocketed in the Pacific Northwest and are troubling,” said DEA Special Agent in Charge Keith Weis. “Today, we crippled a transnational criminal organization with tentacles in our area. We remain focused on removing those who supply narcotics to the violent distribution networks destroying our communities.”
Those arrested will make their initial appearance today at 2:00 in front of U.S. Magistrate Judge James P. Donohue. The defendants in custody today include:
Alfredo Enciso-Begines, 27, Bothell, WA
Jose Manuel Estrada-Contreras, 33, Marysville, WA
Francisco Javier Munoz-Contreras, 26, Marysville, WA
Adrian Ortega-Gonzalez, 20, Marysville, WA
Jesse Price, 30, Stanwood, WA
Tracy Raley, 34, Marysville, WA
Marlen Ravelo, 47, Port Angeles, WA
Luis Zamudio-Rivera, 37, Marysville, WA
Maria Polonia-Serrano, 57, Fresno, CA
Gladys Morales-Garibay, 26, Marysville, WA
Michael Peterman, 34, Everett, WA
Juan Gerardo Ruiz, 30, Marysville, WA
The charges contained in the indictment 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.
This was an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation, providing supplemental federal funding to the federal and state agencies involved.
The investigation was led by the Drug Enforcement Administration (DEA) in conjunction with the Seattle Police Department and the Snohomish Regional Drug and Gang Task Force. The investigation was supported by the Internal Revenue Service, King County Sheriff’s Office, Snohomish County Sheriff’s Office, Everett Police Department and the Marysville Police Department. Additional assistance was provided by the Centralia Police Department, Washington State Patrol, Port of Seattle Police Department and Homeland Security Investigations.
The case is being prosecuted by Assistant United States Attorneys Karyn Johnson and Andy Colasurdo.
Department of Justice Announces 10 Tribes to Participate in Initial Phase of Tribal Access Program to Improve Exchange of National Crime InformationRead the Press Release
WASHINGTON – The Department of Justice announced today the first 10 tribes to participate in an initial User Feedback Phase of the Tribal Access Program for National Crime Information (TAP), a program to provide federally recognized tribes the ability to access and exchange data with national crime information databases for both civil and criminal purposes.
In the Western District of Washington, the Tulalip and Suquamish Tribes have been selected to participate in this initial phase of the TAP.
The User Feedback Phase will grant access to national crime information databases and technical support to the following tribes: the Cherokee Nation of Oklahoma, the Eastern Band of Cherokee Indians of North Carolina, the Keweenaw Bay Indian Community of Michigan, the Oneida Indian Nation of New York, the Pascua Yaqui Tribe of Arizona, the Suquamish Indian Tribe of the Port Madison Reservation of Washington, the Shoshone-Bannock Tribes of the Fort Hall Reservation of Idaho, the Tulalip Tribes of Washington, the Confederated Tribes of the Umatilla of Oregon, and the White Mountain Apache Tribe of the Fort Apache Reservation of Arizona.
“This innovative program will allow an unprecedented sharing of critical information between tribal, state and federal governments, information that could help solve a crime or even save someone’s life,” said Deputy Attorney General Sally Quillian Yates. “This initial phase of TAP will help us understand the information gaps and the best ways to use this service to strengthen public safety in Indian country. The TAP program is a reflection of the Justice Department’s commitment to the government-to-government relationship, to overcoming barriers, and building strong partnerships with American Indian and Alaska Native people. The department will continue to work with Congress for additional funding to more broadly deploy the program.”
“I am pleased that the Tulalip and Suquamish Tribes will be on the leading edge of this new data sharing effort,” said U.S. Attorney Annette L. Hayes. “As we discovered after the shooting last year at Marysville-Pilchuck High School, gaps in data sharing allowed a prohibited person to purchase a handgun and possess it at his home. That gun was used in the school shooting with the tragic consequences that we all now know. This pilot program will improve the ability of tribal law enforcement to meet their public safety mission and will improve the reliability of background check information to keep those who do not have a right to possess firearms from obtaining them.”
TAP will support tribes in analyzing their needs for national crime information and help provide appropriate solutions, including a state-of-the-art biometric/biographic computer workstation with capabilities to process finger and palm prints, take mugshots, and submit records to national databases, as well as the ability to access the FBI’s Criminal Justice Information Service (CJIS) systems for criminal and civil purposes through the Department of Justice. TAP will also provide specialized training and assistance for participating tribes.
This initial phase, funded by the Office of Justice Programs’ Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART) and supported with technical assistance from the Office of the Chief Information Officer, will focus on assisting tribes that have law enforcement agencies. In the future, the department will seek to address the needs of the remaining tribes and find a long-term solution.
While in the Tribal Law and Order Act of 2010 Congress required the Attorney General to ensure that tribal officials that meet applicable requirements be permitted access to national crime information databases, the ability of tribes to fully participate in national criminal justice information sharing via state networks has been dependent upon various regulations, statutes and policies of the states in which a tribe’s land is located. Therefore, improving access for tribal law enforcement to federal crime information databases has been a departmental focus for several years. In 2010, the department instituted two pilot projects, one biometric and one biographic, to improve informational access for tribes. The biographic pilot continues to serve more than 20 tribal law enforcement agencies.
Departments of Justice and Interior Working Group
In 2014, the Departments of Justice and the Interior (DOI) formed a working group to assess the impact of the pilots and identify long-term sustainable solutions that address both criminal and civil needs of tribes. The outcome of this collaboration was the TAP, as well as an additional program by the DOI’s Bureau of Indian Affairs (BIA) that provides tribes with national crime information prior to making child placement decisions in emergency circumstances. Under the BIA Purpose Code X Program, social service agencies of federally recognized tribes will be able to view criminal history information accessed through BIA’s Office of Justice Services, which will conduct name-based checks in situations where parents are unable to care for their children.
For more information on TAP, visit: www.justice.gov/tribal/tribal-access-program-tap.
For more information about the Justice Department’s work on tribal justice and public safety issues, visit: www.justice.gov/tribal. For more information about the Department of the Interior’s Bureau of Indian Affairs, visit: www.indianaffairs.gov/
South King County Man Sentenced to Ten Years in Prison for Sex Trafficking Juveniles Across State LinesRead the Press Release
A 44-year-old man, who trolled neighborhoods in south King County looking for teen-age girls to recruit into prostitution, was sentenced today in U.S. District Court in Seattle to ten years in prison and 15 years of supervised release for four criminal counts related to sex trafficking, announced U.S. Attorney Annette L. Hayes. NATHAN BONDS was convicted at trial in November 2014 of two counts of sex trafficking of a juvenile and two counts of transportation of a juvenile to engage in prostitution. At sentencing U.S. District Judge John C. Coughenour said, “this is a serious case involving vulnerable children.”
“This defendant preyed on vulnerable teens to enrich himself,” said U.S. Attorney Annette L. Hayes. “He preyed on their homelessness, and their emotional and mental health challenges to lure them into prostitution. We thank the law enforcement agencies who work tirelessly to bring defendants such as this one to justice.”
According to records in the case and testimony at trial, in April 2013, BONDS was parked outside a Kent convenience store when he spotted and befriended a 15-year-old girl who had run away from home. BONDS let the girl borrow his cell phone, and then let her sit in his car, out of the rain. BONDS manipulated the girl into accompanying him to a hotel room where he raped her. Over the next few days, BONDS coerced the girl into working for him as a prostitute, convincing her she had no other options. BONDS advertised the girl on Backpage.com and made her give him all of the money she earned from prostitution acts. He also recruited the girl’s 17-year-old friend to work for him as a prostitute. On April 19, 2013, BONDS transported the 15-year-old girl and her 17-year-old friend, as well as a drug-addicted, homeless adult woman that he had also manipulated into working for him as a prostitute, to Portland to engage in prostitution. BONDS forced the two teens to take sexually explicit photographs, and then used some of those photographs to advertise them on Backpage.com.
Ultimately, both teens returned to their families and law enforcement identified BONDS as a sex trafficker. He was arrested June 5, 2013, and law enforcement recovered the computer and cell phone he used to conduct the prostitution business, both of which contained evidence establishing BONDS’s longtime involvement in prostitution.
The case was investigated by the North-Central Sound Child Exploitation Task Force which includes officers and agents from the Kent Police Department and FBI. The King County Prosecutors Office contributed substantial assistance to the prosecution. The case was prosecuted federally by Assistant United States Attorneys Kate Crisham and Ye-Ting Woo.
Port Orchard Man Sentenced to Four Years in Prison for Wire Fraud and Tax Evasion Scheme that Cheated State Out of Millions in Tobacco TaxesRead the Press Release
The owner and manager of a tobacco wholesaling company, CP Trading Company, was sentenced today in U.S. District Court in Tacoma to 48 months in prison for wire fraud and tax evasion, announced U.S. Attorney Annette L. Hayes. HYUN SEUNG KIM, 45, was ordered to pay nearly $2.5 million in restitution to the state of Washington for tobacco taxes owed and $294,922 to the U.S. Treasury for taxes he failed to pay on unreported income between 2009 and 2013. At sentencing U.S. District Judge Ronald B. Leighton told him “you knew it was wrong because you went to such extremes to manipulate the system, always deflecting attention from yourself to others.”
“When this defendant sold untaxed tobacco products, he acted as though the rules did not apply to him,” said U.S. Attorney Annette L. Hayes. “In the process he undercut those who sold properly taxed tobacco products—many of whom are small business owners. He also failed to pay his fair share into state coffers – funds used to support education, health care and other important programs. I commend the criminal investigators for their work on this case.”
According to records filed in the case, between 2009 and 2015, KIM’s company purchased and distributed wholesale non-cigarette tobacco products to retailers in Pierce, Mason, Kitsap and Thurston Counties. Using cash, KIM would purchase substantial amounts of tobacco products from a smoke shop on the Puyallup Indian Reservation. KIM would purchase a small portion of the product using checks. KIM reported the purchases made by check to the state Department of Revenue and paid the tax on those purchases. He did not report the cash purchases. KIM’s company sold the products to various retail outlets – again failing to report the cash sales. KIM had various relatives open bank accounts so that he could deposit the cash in their names to hide it from regulators. By dealing in cash KIM avoided paying state taxes on the tobacco products and also avoided paying federal income taxes. For example, in 2013 KIM claimed his taxable income was $8,000 so that he owed tax of just $593. In fact KIM earned more than $200,000 from CP Trading Company and owed more than $50,000 in federal income tax.
“Tax evasion is nothing short of stealing; stealing from the US Treasury, but more significantly, stealing from all the honest taxpayers who are paying their fair share,” said Special Agent in Charge Teri Alexander of IRS Criminal Investigation. “The central mission of the IRS is to protect the integrity of our nation’s tax code, and we will diligently pursue those who shirk their civic duty by violating federal and state tax laws.”
The case was investigated by the Internal Revenue Service Criminal Investigation, the Washington State Department of Revenue and the Washington State Liquor and Cannabis Board. The case was prosecuted by Assistant United States Attorney Matthew Diggs.
Former Bookkeeper Pleads Guilty to Embezzling from Tacoma Charity Thrift StoresRead the Press Release
The former bookkeeper for the St. Vincent de Paul Society Stores of Tacoma, Washington, pleaded guilty today in U.S. District Court in Tacoma to 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. As part of her plea agreement SAUCIDO will pay more than $543,000 in restitution to St. Vincent de Paul Society stores. Sentencing is scheduled in front of U.S. District Judge Benjamin H. Settle on January 25, 2016.
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.
Wire fraud is punishable by up to 20 years in prison and a $250,000 fine. Aggravated Identity Theft is punishable by a mandatory two years of prison that must follow any term imposed on the wire fraud counts.
The case was investigated by the FBI and is being prosecuted by Assistant United States Attorney Matthew Hampton.
Federal Way Man Sentenced to Prison for Drug Conspiracy Involving Hash Oil BlastRead the Press Release
A Federal Way man who led an illegal marijuana “medibles” manufacturing operation was sentenced today in U.S. District Court in Tacoma to six years in prison and three years’ supervised release, announced U.S. Attorney Annette L. Hayes. KEVIN WEEKS 25, directed others to use highly flammable butane gas to make hash oil. On May 20, 2014 one operation at a Puyallup residence exploded and caught fire. The evidence showed that after the explosion, WEEKS threatened an associate to keep him working and to attempt to hide WEEKS’ own involvement. WEEKS pleaded guilty in April 2015 to Endangering Human Life While Manufacturing Controlled Substances, Maintaining a Drug Involved Premises and Manufacturing Hash Oil & Marijuana.
At sentencing U.S. District Judge Ronald B. Leighton said “What disturbs the court about this case is the disregard for human life. The process of manufacturing marijuana into hash oil is dangerous and stupid. Threatening other people to do your bidding makes it a perfect storm.”
“No one signed off on the use of dangerous manufacturing methods in residential neighborhoods when they voted to legalize marijuana,” said U.S. Attorney Annette L. Hayes. “Not only did the hash oil manufacturing process that this defendant used risk explosions, the final marijuana product was packaged to appeal to kids using an iconic logo from a children’s breakfast cereal. We will continue to investigate and prosecute these types of cases in coordination with our state and local partners.”
The hash oil manufacturing operation first came to the attention of law enforcement on May 20, 2014 when a large explosion shook a Puyallup residential neighborhood. WEEKS’ co-defendant Seth M. Cleek was working for WEEKS when he manufactured hash oil in the yard at the home and the explosive gas ignited. Butane canisters were hurled in every direction – putting those living near the scene, and first responders at risk. One canister was driven through a plastic planter – demonstrating the force of the explosion. Fortunately Cleek’s family, including an 18-month-old child, was not injured in the blast.
According to records filed in the case, WEEKS was paying Cleek $10 for each “tube” of marijuana he turned into butane honey oil (BHO). The process, which involves forcing butane gas through marijuana clippings packed in a tube, and then boiling off the solvent, can prove highly explosive. The fire resulting from the May 20, 2015 explosion melted the siding on the Puyallup home, damaged a parked car, and destroyed a plastic basketball backboard.
The investigation revealed that WEEKS was the operator of the marijuana “medible” company ‘Cap’n Cosmics. The company had no state license to make marijuana products, and used marketing that mimics the look of the children’s cereal, “Cap’n Crunch.” Even after the explosion at the Puyallup residence, WEEKS continued his hash oil manufacturing at a different location. WEEKS opened the BHO manufacturing operation in an industrial area using a method that could have resulted in a much greater and even more damaging explosion. In all some 1800 pounds of marijuana and marijuana laced food products were seized in the investigation.
The case was investigated by the Puyallup Police Department, Pierce County Sheriff’s Department, the Drug Enforcement Administration (DEA) and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). The Pierce County Prosecutors Office assisted with the case. The case was prosecuted by Assistant United States Attorneys Vince Lombardi and Todd Greenberg.
Port Gamble S’Klallam Tribal Member Convicted of 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 convicted today in U.S. District Court in Tacoma of five counts of aggravated sexual abuse of a minor. The jury deliberated three hours before finding LEROY CHARLES guilty following a five day trial. U.S District Judge Ronald B. Leighton has scheduled sentencing for February 5, 2016. CHARLES faces a mandatory minimum 30 years in prison and up to life in prison for the five convictions.
According to testimony at trial, CHARLES assaulted the young teens at various times and places on the Port Gamble S’Klallam reservation between 2000 and 2005. CHARLES overpowered the victims and in one case drugged the teenager so that he could commit the sexual assault. CHARLES threatened to kill each of the teens and their families if they disclosed the abuse. When one of the victims left the reservation to live, 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. The victims, who are now in their 20’s disclosed the abuse when they learned CHARLES was going to be released from state incarceration after serving a sentence for unrelated criminal conduct.
The case was investigated by the Port Gamble S’Klallam Police and the FBI. The case was prosecuted by Assistant United States Attorneys Ye-Ting Woo and Bruce Miyake.
The Office for Victims of Crime Awards $2.1 Million to Support Victims of the Marysville-Pilchuck School ShootingRead the Press Release
WASHINGTON—The U.S. Department of Justice’s Office for Victims of Crime (OVC) announced a $2,145,327 Antiterrorism and Emergency Assistance Program (AEAP) grant to organizations providing support for the victims, witnesses and first responders involved in the events surrounding the shootings at the Marysville-Pilchuck High School in October 2014.
“OVC is committed to promoting healing and justice for victims of crime,” said Acting OVC Director Marilyn McCoy Roberts. “We recognize the enormous physical and emotional toll the Marysville-Pilchuck High School shooting has had on the surrounding Marysville community including the local Middle School, the affected High School and the Tulalip Tribes. This award will ensure that Marysville, the Tulalip Tribes and the State of Washington can provide critical support to victims and their families as they continue to heal.”
On October 24, 2014, a ninth grade student at Marysville Pilchuck High School, and member of the nearby Tulalip Tribes, shot five students in the school cafeteria before taking his own life. Ultimately only one of the shooting victims survived.
"Though a year has passed, the pain and deep sorrow surrounding the shooting at Marysville-Pilchuck High School remains," said U.S. Attorney Annette L. Hayes for the Western District of Washington. "These funds will provide critical services to those whose lives are forever changed, and will further support the Marysville-Pilchuck school community as it works to rebuild its sense of safety."
This award to the Washington State Department of Commerce, Office of Crime Victims Advocacy, will support crisis response and consequence management service costs, both incurred and anticipated, for organizations providing crisis intervention services and trauma-informed care, continuum of care and other assistance essential to victim healing.
In 1995, following the Oklahoma City bombing, Congress authorized OVC to set aside and administer up to $50 million annually from the Crime Victims Fund for the Antiterrorism Emergency Reserve Fund to assist victims in extraordinary circumstances. Following an act of terrorism or mass violence, jurisdictions can apply for an AEAP grant award for crisis response, criminal justice support, crime victim compensation, and training and technical assistance expenses. OVC also provided AEAP funds and assistance following the mass violence incidents in Boston, Massachusetts (2013); Newtown, Connecticut (2012); Oak Creek, Wisconsin (2012); Aurora, Colorado (2012); Tucson, Arizona. (2011); Binghamton, New York (2009); at the Virginia Polytechnic Institute and State University (2007); and the Minnesota Department of Public Safety on behalf of the Red Lake Nation (2005).
For more information on the AEAP program, please visit
http://ojp.gov/ovc/AEAP/index.html.
About the Office of Justice Programs (OJP)
OJP, headed by Assistant Attorney General Karol V. Mason, provides federal leadership in developing the nation’s capacity to prevent and control crime, administer justice and assist victims. OJP has six components: the Bureau of Justice Assistance; the Bureau of Justice Statistics; the National Institute of Justice; the Office of Juvenile Justice and Delinquency Prevention; the Office for Victims of Crime and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking. More information about OJP can be found at www.ojp.gov.
Former Puyallup Businessman Sentenced to Three Years in Prison for Hash Oil Production and Weapons PossessionRead the Press Release
A former Puyallup businessman who operated various unpermitted marijuana businesses including a potentially explosive hash oil manufacturing lab, was sentenced today in U.S. District Court in Tacoma to three years in prison, announced U.S. Attorney Annette L. Hayes. ANDRE A. LEMPRIERE, 51, was indicted in February 2015, and pleaded guilty to Endangering Human Life While Manufacturing Controlled Substances and being an Alien in Possession of Firearms in June 2015. LEMPRIERE will likely be deported following his prison term as he is a citizen of the United Kingdom who was illegally in the U.S. At the sentencing hearing U.S. District Judge Ronald B. Leighton said the hash oil extraction operation was extraordinarily dangerous.
“The hash oil extraction ‘lab’ this defendant constructed was like a ticking time bomb waiting to go off,” said U.S. Attorney Annette L. Hayes. “The defendant had no state license or permit and his activities put his employees and those in surrounding businesses and residences at risk of serious bodily harm and property damage.”
LEMPRIERE came to the attention of law enforcement when a citizen expressed concern about drug manufacturing activity at a Puyallup warehouse. The warehouse was close to other businesses and residences at 2404 Inter Avenue. After some preliminary investigation of the warehouse and an unpermitted and unlicensed marijuana dispensary owned by LEMPRIERE and his wife, law enforcement served search warrants on the couple’s home and businesses in late October 2014. The warehouse contained a marijuana grow and a hash oil extraction operation that was at high risk of leaking butane gas and was potentially explosive. Law enforcement had to disassemble the hash oil lab for community safety. At LEMPRIERE’s home officers found 13 firearms. As an alien residing in the U.S., LEMPRIERE is prohibited from possessing firearms.
Since July 2014 more than a dozen people have been charged federally in connection with illegal hash oil labs in Western Washington. In one Bellevue explosion, an apartment complex was destroyed and multiple people were injured – one fatally.
The case was investigated by the Puyallup Police Department, the Pierce County Sheriff’s Office and the Drug Enforcement Administration. The case was prosecuted by Assistant United States Attorneys Vince Lombardi and Todd Greenberg.
Former Mercer Island Resident Pleads Guilty to Defrauding Immigrants with Promises of Legal StatusRead the Press Release
A former resident of Mercer Island, Washington, who stole more than $220,000 from immigrants with promises of immigration assistance pleaded guilty today in U.S. District Court in Seattle to Wire Fraud, announced U.S. Attorney Annette L. Hayes. DALIA IVETTE SINGH, 61, also known as Dalia Pena of Clearwater, Florida, 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 in the 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 made it all up to defraud the victims. Sentencing before U.S. District Judge Richard A. Jones is scheduled for January 22, 2016.
“This defendant preyed on victims whose dream was to become a U. S. citizen, said U.S. Attorney Annette L. Hayes. “Although she held herself out as someone who could help, she never did, and instead took advantage of the victims' church affiliations and networks of friends to enrich herself.”
According to records filed in the case, between 2008 and 2011 SINGH represented to various people that she could assist them with obtaining legal status in the United States. The victims were immigrants without legal status in the United States. SINGH claimed she had a contact at USCIS who could provide legal status if the victim would pay SINGH a $5,000 fee. SINGH claimed the immigration program required enrollment of a group of people, not just individuals, and so encouraged the victims to recruit more people to enroll with them. In one instance, SINGH defrauded about thirty members of a church of nearly $100,000 with her false promises.
"Those who profit by preying on vulnerable members of the immigrant community will pay a hefty price for their crimes,” said Shawn Fallah, resident agent in charge of the Office of Professional Responsibility in the Pacific Northwest. "We’re committed to safeguarding the public from scam artists and others who exploit people’s false hopes for no other reason than to enrich themselves.”
Under the terms of the plea agreement, SINGH will pay restitution of $222,900. Prosecutors will recommend 18 months in prison and SINGH will request no less than one year in prison. Judge Jones is free to impose any sentence up to the 20 year maximum allowed by law.
The case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), and Office of Professional Responsibility (OPR). The case is being prosecuted by Assistant United States Attorney Erin Becker.
U.S. Departments of Justice and Labor and Washington State Department of Labor Industries Reach Agreement to Improve Access for Limited English Proficient WorkersRead the Press Release
The U.S. Departments of Justice and Labor have reached an agreement with the Washington State Department of Labor and Industries (L&I) to resolve civil rights complaints filed by limited English proficient (LEP) workers who alleged that they were subject to national origin discrimination in the state’s workers’ compensation program. These workers alleged that they were denied access to interpreters and to vital information in their primary languages. The agreement calls for significant improvements in language assistance services for LEP workers.
“This agreement symbolizes how federal and state government can work together to improve access to government services for limited English proficient communities.” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the U.S. Department of Justice’s Civil Rights Division. “The Department of Justice will continue its efforts to ensure these communities have equal access to government services.”
“Navigating a system of government benefits can be daunting for anyone,” said U.S. Attorney Annette L. Hayes of the Western District of Washington. “This is particularly so for members of our community who are applying for workers compensation benefits and whose primary language is not English. The changes to Washington’s Labor and Industries practices set forth in this settlement agreement will ensure all workers’ rights are protected regardless of their country of origin.”
“I commend L&I for its commitment to work with the Civil Rights Center and the Department of Justice to remove language barriers for limited English proficient workers.” said Director Naomi M. Barry-Pérez of the U.S. Department of Labor’s Civil Rights Center.
The Departments of Justice and Labor worked with L&I to develop a memorandum of agreement (MOA) that memorializes L&I’s commitment to develop and implement a language access program that ensures LEP individuals are provided meaningful access to L&I programs, activities, and information. The MOA and new L&I Language Access Policy include the following commitments:
- All L&I staff will ensure LEP individuals receive language assistance services at no charge.
- L&I will develop a Language Access Plan, that sets forth the management actions needed to implement the Language Access Policy and ensure compliance with federal civil rights laws, including the tasks to be undertaken, assignment of responsibility, deadlines, processes, resources, quality controls, and periodic updates.
- L&I will translate claim and application forms, complaint and consent forms, letters and notices, and electronic materials into non-English languages.
- L&I will add advisory members to the Language Access Steering Committee to represent the interests of LEP workers and the Washington employer community.
- L&I will submit detailed monitoring reports that document its implementation of the MOA.
The investigation was jointly conducted by the Federal Coordination and Compliance Section (FCS) in the Department of Justice’s Civil Rights Division, the U.S. Attorney’s Office for the Western District of Washington and the U.S. Department of Labor’s Civil Rights Center (CRC). Title VI of the Civil Rights Act of 1964, Section 188 of the Workforce Investment Act of 1998, the Victims of Crime Act, and their corresponding implementing regulations all prohibit national origin discrimination and require recipients of federal financial assistance to provide LEP individuals meaningful access to programs and activities through no-cost language assistance services.
FCS has worked with a number of state courts, law enforcement agencies, correctional agencies and other government entities to ensure Title VI compliance and access to language assistance services for LEP individuals. Please click here for further information about FCS. For additional LEP-related resources, go to LEP.gov, the Federal Interagency Website on LEP.
CRC enforces nondiscrimination laws that apply to recipients of financial assistance from the U.S. Department of Labor and, in some circumstances, from other federal departments and agencies. For more information about CRC, call 202-693-6500 (voice) or 800-877-8339 (relay) or visit CRC’s website.
Statement of Department of Justice on Survey of Community Attitudes Towards Seattle Police Department Filed with U.S. District Court TodayRead the Press Release
SEATTLE – A recent survey conducted by national polling firm Anzalone Liszt Grove Research as part of the consent decree between the Department of Justice (DOJ) and the City of Seattle to measure community attitudes towards the Seattle Police Department (SPD) has found the overall approval of SPD improving, disapproval of the department decreasing, and fewer troubling interactions between officers and Seattle residents, particularly among African Americans and Latinos, notably in the area of excessive force. The scientific poll, filed with the U.S. District Court today, was commissioned by the federal Monitor with input from the parties. The poll follows a similar survey conducted in 2013.
A summary of the survey can be found here.
This poll, along with a rigorous examination of how police services are delivered in Seattle and other qualitative reviews of SPD’s community relations, including work conducted by the Community Police Commission, will inform an overall assessment of community perceptions and public confidence that will be filed by the federal Monitor with the Court in December.
The following is a statement from Annette L. Hayes, U.S. Attorney for the Western District of Washington, on behalf of the U.S. Attorney’s Office and DOJ’s Civil Rights Division:
“The goals of true and lasting police reform must include both increased public safety and public trust. They go hand in hand. According to this survey, there are positive signs that Seattle residents are giving SPD higher marks for its work, and, perhaps most encouraging, there are far fewer people reporting problematic interactions with SPD. As important, the people of Seattle continue to believe that SPD is keeping them safe. Still, this data helps identify areas where there is work to do, particularly in the African-American and Latino communities, where positive perceptions and improved interactions lag the rest of our community.”
Anzalone Liszt Grove Research conducted 692 live cellphone and landline telephone interviews with adults 18 and older in Seattle, with an additional 67 interviews among Latinos and 141 interviews among African Americans. The survey can be found here.
Father of Marysville School Shooter Convicted of Illegal Firearms PossessionRead the Press Release
The father of a teen who killed four students and himself last year at Marysville-Pilchuck High School was convicted today of six counts of illegal firearms possession, announced United States Attorney Annette L. Hayes. RAYMOND LEE FRYBERG, 42, was convicted following a four day jury trial. The jury deliberated one day before reaching its verdict. Sentencing on the conviction is scheduled for January 11, 2016 before the Honorable Judge James L. Robart.
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 other 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 is being prosecuted by Assistant United States Attorneys Ye-Ting Woo and Bruce Miyake.
Monitor Finds Seattle Police in Initial Compliance with Requirements Relating to Reporting, Investigating and Analyzing Uses of ForceRead the Press Release
WASHINGTON – The Department of Justice announced today that formal assessments of Seattle Police Department (SPD) reforms relating to documenting, investigating and analyzing uses of force by officers have 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 first four of 15 systemic assessments with the U.S. District Court and concluded that, in three of the four areas reviewed thus far—out of 15 total assessments—SPD is in initial compliance with specific requirements of the consent decree.
This first round of assessments, following the July 2012 consent decree and overseen by an independent and jointly selected monitor, analyzed how effectively SPD is tracking uses of force by officers at all levels of reportable force. Specifically, the monitoring team and the Department of Justice and its policing experts, reviewed use of force reports and investigations from incidents occurring from July 1, 2014, through Dec. 31, 2014, to conduct four separate assessments relating to:
- Reporting of low-level uses of force (Type I reporting);
- Reporting of intermediate and high-level uses of force (Type II and III reporting);
- Chain of command investigations for Type I and II incidents; and
- Force Investigation Team (FIT) investigations for Type III incidents.
Of the first four assessments, the monitor and Department of Justice found that SPD is in initial compliance with Type I reporting, Type II and III reporting and FIT investigations for Type III uses of force.
“I commend Seattle’s leaders for their commitment to enhancing law enforcement through transparency and accountability,” said Attorney General Loretta E. Lynch. “Today’s assessments show that real progress is possible when we engage with one another, when we summon our goodwill and good faith, and when we work collaboratively as partners with a mutual and shared interest in ensuring the safety and security of the communities we call home. I look forward to seeing even more progress in the days and months ahead.”
“The Seattle Police Department has made tremendous strides in implementing reforms, and we congratulate them on this progress,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. “This achievement is possible because of the collaborative work of the many stakeholders in this process. Although work remains, these assessments show the change that is possible, here and across the country.”
“I commend the Seattle Police Department for this important first step towards full consent decree compliance,” said U.S. Attorney Annette L. Hayes of the Western District of Washington. “Effective force reporting and review is essential to addressing the problems that the Department of Justice found in 2011. What this proves is that with strong leadership from the Chief of Police and City leaders, and continued engagement by rank and file officers, Seattle is heading down the road to becoming true leaders in modern police practices.”
As the monitor indicated in the court filing today, SPD officers are “documenting force whenever it is used, sergeants have responded to the scene in such a way that permits a thorough investigation and the FIT investigations are consistently excellent.” However, while chain of command investigations of Type I uses of force were adequate, those for Type II were not found to be in initial compliance. More work will need to be done in that area, and the Department of Justice and the monitor have begun discussions with the city on how to reach compliance in that area as well.
A key requirement of the consent decree is that uses of force by SPD officers are uniformly and accurately reported by officers and thoroughly reviewed by their supervisors, including the chain of command for lower-level uses of force and the FIT for more serious uses of force. The Justice Department’s investigation found that in areas relating to use of force reporting and supervision, there was cursory reporting, inadequate on-scene supervisory investigation of force, insufficient analysis of use of force incidents and too little meaningful oversight and review of force investigations.
The new use of force policy – including a tiered reporting system that requires increased supervision and review of more significant uses of force and new and clearer lines of responsibility for supervisory oversight (including the creation of FIT) – went into effect on Jan. 1, 2014.
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 six 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.
Psychologist Charged with Seeking Sex with 12-Year-OldRead the Press Release
A Seattle psychologist was arrested and has been charged with Attempted Enticement of a Minor, following a two week investigation by Homeland Security Investigations, announced U.S. Attorney Annette L. Hayes. JONATHAN BRENT WULF, 61, of Seattle posted an ad on Craigslist beginning a conversation with an undercover agent for Homeland Security. Through various communications by phone and internet, WULF expressed his desire to have sex with the agent’s fictional 12-year-old stepdaughter. WULF was arrested yesterday when he arrived at the hotel selected as the meeting place for the sexual encounter. WULF appeared in U.S. District Court in Seattle today and is being detained pending a detention hearing on Friday, September 25, 2015.
According to the criminal complaint, over a two week period in September 2015, WULF repeatedly communicated with the undercover agent about his desire to have sex with the agent’s fictional 12-year-old stepdaughter. WULF repeatedly suggested that all text messages or other internet communications regarding his interest in underage sex should be deleted. WULF also repeatedly acknowledged that pursuing sex with a minor was illegal. WULF is currently employed as a psychologist with a Seattle medical group.
Attempted enticement of a minor is punishable by a mandatory minimum ten years in prison and up to life in prison.
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 investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. The case is being prosecuted by Assistant United States Attorney Matthew Hampton.
U.S. Department of Justice Awards Law Enforcement Hiring Grants to Help Build Trust, Reduce Violence and Protect SchoolsRead the Press Release
WASHINGTON, DC—Today, U.S. Attorney General Loretta Lynch announced Office of Community Oriented Policing Services (COPS Office) funding awards to five police departments in the Western District of Washington aimed at creating, and in some cases protecting, ten law enforcement positions. Over $107 million will be awarded nationally, through the COPS Hiring Program (CHP), including $1.25 million for Western Washington.
The list of this year’s grantees includes: the Arlington Police Department – two officers; Issaquah – two officers; Marysville – three officers; the Port Gamble S’Klallam Indian Tribe – one officer; the Tukwila Police Department – two officers.
“Ensuring that local law enforcement officers have the resources they need to serve their communities fairly, faithfully and effectively is among the Justice Department’s highest priorities,” said Attorney General Lynch. “These awards will not only keep more officers on the beat – they will address specific issue areas like violent crime, school safety, homeland security and community trust. They will help our law enforcement agencies become more efficient and more responsive to the needs of their jurisdictions. And they will promote the ongoing efforts of the Department of Justice as we work to build the safe, secure and supportive communities that every American deserves.”
“The COPS Office is pleased to assist local law enforcement agencies throughout the country in addressing their most critical public safety issues,” said Ronald L. Davis, Director of the COPS Office. “These grants are not simply about putting more officers on the street, they are about expanding the capacity of law enforcement agencies to engage in community policing.”
CHP provides grants to state, local and tribal law enforcement agencies to hire or rehire community policing officers. The program provides salaries and benefits for officer and deputy hires for three years.
“Building trust between communities and police is a key component of effective policing,” said U.S. Attorney Annette L. Hayes. “I congratulate these cities and police departments that successfully competed for this grant with proposals aimed and building trust with the communities they serve and keeping our students safe in school.”
Priority consideration was given this year to agencies that selected any of the Building Trust focus areas or School Based Policing through School Resource Officers. All applicants were encouraged to refer to the report of the President's Task Force on 21st Century Policing for suggested actions to incorporate into their proposed community policing strategy.
The COPS Office is a federal agency responsible for advancing community policing nationwide. Since 1995, COPS has invested over $14 billion to advance community policing, including grants awarded to more than 13,000 state, local, and tribal law enforcement agencies to fund the hiring and redeployment of approximately 127,000 officers and provide a variety of knowledge resource products including publications, training, and technical assistance.
For the entire list of grantees and additional information about the 2015 COPS Hiring Program, visit the COPS website at www.cops.usdoj.gov.
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Seattle IRS Revenue Agent Charged with Soliciting and Accepting BribeRead the Press Release
A Revenue Agent for the Internal Revenue Service was arrested this morning after he accepted payment from a Seattle businessman after allegedly soliciting a bribe, announced U.S. Attorney Annette L. Hayes. PAUL G. HURLEY, 42, of Seattle, is charged with Soliciting and Agreeing to Receive a Bribe by a Public Official and two counts of Receiving a Bribe by a Public Official. HURLEY appeared in U.S. District Court in Seattle this afternoon and was released on his personal recognizance. A preliminary hearing on the charges is scheduled for October 5, 2015.
According to the criminal complaint, HURLEY has been a revenue agent with the IRS since 2009. Between July and September 2015, HURLEY was involved in the audit of the 2013 and 2014 tax returns of a Seattle marijuana business. Because marijuana remains illegal under federal law, no business deductions are allowed on federal tax returns and the gross revenue is taxable. HURLEY presented the owner of the marijuana business with his tax bill for both years, totaling more than $290,000. However, HURLEY told the business owner he had saved the business owner more than a million dollars. HURLEY then asked the business owner for $20,000 in cash. The business owner alerted his lawyer, who contacted law enforcement. Law enforcement observed two meetings where HURLEY accepted money delivered by the business owner. HURLEY was arrested following the second meeting this morning.
Both offenses, Soliciting and Agreeing to Receive a Bribe by a Public Official and Receiving a Bribe by a Public Official are punishable by up to 15 years imprisonment 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 investigated by the FBI and the Treasury Inspector General for Tax Administration (“TIGTA”).
The case is being prosecuted by Assistant United States Attorney Justin Arnold.
Justice Department Announces over $23.2 Million in Funding for Body Worn CamerasRead the Press Release
WASHINGTON –Attorney General Loretta Lynch today announced that the Justice Department has awarded grants totaling more than $23.2 million to 73 local and tribal agencies in 32 states to expand the use of body-worn cameras and explore their impact. The grants include $600,000 for the Seattle Police Department. The investment includes $19.3 million to purchase body-worn cameras, $2 million for training and technical assistance and $1.9 million to examine the impact of their use. The grants, awarded by the Department’s Office of Justice Programs (OJP), are part of President Obama’s proposal to purchase 50,000 body-worn cameras for law enforcement agencies within three years.
“This vital pilot program is designed to assist local jurisdictions that are interested in exploring and expanding the use of body-worn cameras in order to enhance transparency, accountability and credibility,” said Attorney General Lynch. “The impact of body-worn cameras touches on a range of outcomes that build upon efforts to mend the fabric of trust, respect and common purpose that all communities need to thrive.”
The grants, which require a 50/50 in-kind or cash match, can be used to purchase equipment and require that applicants establish a strong implementation plan and a robust training policy before purchasing cameras. The long term costs associated with storing this information will be the financial responsibility of each local agency.
In addition to funds to help purchase body-worn cameras and train officers in their use, grants under the Bureau of Justice Assistance’s (BJA’s) Smart Policing Initiative will support police departments in Miami, Milwaukee, and Phoenix as they examine the impact of body-worn cameras on citizen complaints, internal investigations, privacy, community relationships, and cost effectiveness. Each of these three departments will partner with a research institution to gain insight on the merits of deploying body-worn camera programs.
Lynch announced the award today during a White House Champions of Change event co-hosted by the Office of Justice Programs and the Community Oriented Policing Services Office (COPS). The event honored law enforcement officers and young people who are leading efforts to improve relationships between law enforcement and youth in their communities.
BJA has launched a comprehensive online toolkit that consolidates research, promising practices, model policies and other tools that address issues surrounding body-worn cameras, including implementation requirements; image retention; concerns of policy makers, prosecutors, victim and privacy advocates; and community engagement and funding considerations. The toolkit is available at: https://www.bja.gov/bwc/.
OJP’s Bureau of Justice Statistics is collecting data on body-worn camera usage through surveys of law enforcement agencies. It is also designing data collection forms for future surveys of prosecutors and public defenders to measure how body-worn camera footage is being used by the courts in criminal cases.
For additional information about the BWC Pilot Implementation Program, visit
http://www.bja.gov/bwc/pdfs/BWCPIP-Award-Fact-Sheet.pdf.
About the Office of Justice Programs (OJP)
OJP, headed by Assistant Attorney General Karol V. Mason, provides federal leadership in developing the nation’s capacity to prevent and control crime, administer justice and assist victims. OJP has six components: the Bureau of Justice Assistance; the Bureau of Justice Statistics; the National Institute of Justice; the Office of Juvenile Justice and Delinquency Prevention; the Office for Victims of Crime and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking. More information about OJP can be found at www.ojp.gov
DOJ Awards Nearly $500,000 to Combat Gun Crime in SeattleRead the Press Release
The U.S. Department of Justice today awarded nearly $500,000 in federal grant money for an innovative program to reduce gun violence in Seattle, announced U.S. Attorney Annette L. Hayes. The grant, under the Project Safe Neighborhood (PSN) program supports the Puget Sound Regional Crime Gun Task Force, which is focused on increasing the ability of law enforcement to trace shell casings and firearms used in crimes and thus identify shooters and take them off the streets. The grant will also pay part of the costs for a Special Assistant United States Attorney to prosecute gun crimes, and provides funding to Harborview Medical Center to work with gunshot victims in an innovative hospital-based intervention and structured outreach program to prevent future firearm-related crime.
“Research led by Harborview Injury Prevention & Research Center shows that individuals admitted to the hospital for gunshot wounds are at a significantly higher risk of being killed, arrested or reinjured with a gun in the five years following admission,” said U.S. Attorney Annette L. Hayes. “This grant not only helps law enforcement identify and prosecute those who are involved in gun crime, it works to help stop the cycle of violence by intervening with high-risk individuals.”
“The Project Safe Neighborhood program has allowed us to create a successful partnership among state and federal prosecutors, and law enforcement agencies, to combat and decrease gun violence in our region by identifying the worst of the worst firearms and violent offenders in our state’s largest county,” said King County Prosecuting Attorney Dan Satterberg.
The grant will make it possible for all crime gun information to be entered into the National Integrated Ballistic Information Network (NIBIN) database within 72 hours of an incident. NIBIN is administered by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and provides federal, state and local law enforcement, forensic scientists, and prosecutorial agencies with an automated ballistic imaging system that aids investigations by using digital images of shell casings to link crimes involving firearms. By connecting cases involving the same firearm more efficiently and effectively, NIBIN can have a direct impact on solving violent crime. The grant allocates $50,000 to eliminate a backlog of more than 5000 shell casings in Western Washington waiting to be tested.
“Thorough analysis of forensic evidence is a vital component of our ongoing efforts to curb gun violence in our community,” said Seattle Police Chief Kathleen O’Toole. “This grant will help fund our collaborative partnership with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Washington State Patrol Crime Lab to trace all spent shell casings found at crime scenes.”
In addition, the grant helps support the salary of a Senior Deputy King County Prosecutor who is specially designated to prosecute firearms cases in federal court. This prosecutor reviews all firearms cases filed in King County to evaluate whether they are appropriate for federal prosecution and the supervised release that follows the prison term. The grant also supports the FACE program (Firearms Crimes Enhancement Program) which informs soon to be released state offenders of the potential federal penalties for possessing a firearm.
Finally, the grant funding provides for anti-violence initiatives in the community and with groups identified as at high risk for involvement in gun violence. Nearly $40,000 is targeted for the Seattle Police Department to develop a strategic plan for addressing gang violence. Over two years, more than $50,000 will fund research and outreach at Harborview’s Injury Prevention & Research Center in an innovative program to work with gunshot victims to prevent future firearms related injury. An additional $30,000 is allocated for media outreach addressing gun violence and approximately $100,000 is set aside for academic study and review of the funded programs to determine the level of effectiveness of the grant-supported strategies.
“Our communal sense of safety has been shaken by recent national and local episodes of gun violence,” said UW Medicine’s Dr. Monica Vavilala, director, Harborview Injury Prevention & Research Center. “Most firearm violence is preventable and the grant funding will allow us to address key causes of gun violence and lay the groundwork for developing programs that work to reduce firearm related injuries.”
Special Agent in Charge Douglas Dawson of the ATF Seattle Field Division said “I am excited about the Project Safe Neighborhood funding and I look forward to working with our Federal, State and Local partners in our continual efforts towards the reduction of violent crime in the Western District of Washington.”
Justice Department Awards over $97 Million to Improve Public Safety and Victim Services for American Indian Communities and Alaska Native VillagesRead the Press Release
WASHINGTON, DC. – The Department of Justice today announced 206 awards, totaling more than $97 million, to American Indian tribes, Alaska Native villages, tribal consortia and tribal designees. The announcement was made at the 2015 Tribal Leader Briefing, sponsored by the National Congress of American Indians, and included Tribal leaders, Members of Congress and Administration officials.
Eight Tribes in the Western District of Washington successfully competed for the grant funding. These grants include: Makah Tribe - $883,800; Nooksack Tribe - $449,658; Port Gamble S’Klallam - $523,413; Puyallup Tribe - $232,476; Quileute Tribe - $377,666; Skokomish Tribe - $291,941; Squaxin Island Tribe - $940,427; and the Suquamish Tribe $1,522,365.
The awards are made through the Department’s Coordinated Tribal Assistance Solicitation (CTAS), a single application for tribal-specific grant programs. The Department developed CTAS through its Office of Community Oriented Policing Services, Office of Justice Programs and Office on Violence Against Women, and administered the first round of consolidated grants in September 2010.
“This $5.2 million in grant funding will help make our Tribal communities safer by providing training and equipment to police, support services to victims of crime -- including those affected by domestic violence -- and funding for substance abuse treatment programs,” said U.S. Attorney Annette L Hayes. “I commend the Tribal leaders who identified these needs in their communities and successfully competed for these funds.”
“For the past five years, the CTAS program has helped tribes develop their own comprehensive approaches to making their communities safer and healthier,” said Acting Associate Attorney General Stuart F. Delery. “CTAS grants have funded hundreds of programs to better serve crime victims, promote community policing, and strengthen justice systems. This year’s awards also support efforts to reduce domestic and dating violence, and promote wellness and healing for tribal youth, among many other programs.”
The awards are made through the Department’s Coordinated Tribal Assistance Solicitation (CTAS), a single application for tribal-specific grant programs. The Department developed CTAS through its Office of Community Oriented Policing Services, Office of Justice Programs and Office on Violence Against Women, and administered the first round of consolidated grants in September 2010.
Since then, more than 1,400 grants totaling more than $620 million have been provided to enhance law enforcement practices, victim services, and sustain crime prevention and intervention efforts in nine purpose areas; public safety and community policing; justice systems planning: alcohol and substance abuse; corrections and correctional alternatives; children’s justice act partnerships; services for victims of crime; violence against women; juvenile justice; and tribal youth programs.
American Indian communities and Alaska Native villages experience disproportionate rates of violence and victimization and often encounter significant obstacles to identifying and accessing culturally relevant services. CTAS funding helps tribes to develop and strengthen tribal justice systems’ response to crime, while significantly increasing programs and services available to them.
A listing of today’s awards is available at www.justice.gov/tribal/.
Today’s announcement is part of the Justice Department’s ongoing initiative to increase engagement, coordination and action on public safety in American Indian and Alaska Native communities.
Western Washington Programs Awarded more than $1 Million to Combat Domestic ViolenceRead the Press Release
The U.S. Department of Justice’s Office on Violence Against Women has awarded two grants totaling more than $1 million to provide services to youth and members of the LGBTQ community impacted by domestic violence, announced U.S. Attorney Annette L. Hayes. Domestic Violence and Sexual Assault Services of Whatcom County was awarded $698,529 and the Northwest Network of Bisexual, Trans, Lesbian & Gay Survivors of Abuse was awarded $402,000. Both grants are to provide services to those who have been victims of domestic violence, sexual assault and stalking.
“These grant funds will be in place for the next three years for outreach and coordination of needed services to youth, LGBTQ, tribal and other members of our community,” said U.S. Attorney Annette L. Hayes. “The Department of Justice recognizes the importance of helping local service providers connect with community partners to get services to those who most need them.”
The Whatcom County grant will fund the formation of community-coordinated response teams in the Blaine, Ferndale and Mt. Baker school districts. These teams will develop comprehensive policies, procedures, and protocols for a survivor-centered approach to sexual assault. The teams will conduct outreach and education for parents and community members; and will lead prevention education efforts. The teams will also recruit youth to form Safe Futures Youth Boards at each high school in each district. Domestic Violence and Sexual Assault Services of Whatcom County will partner with the DV Commission, Brigid Collins Family Support Center, Northwest Youth Services, Lummi Victims of Crime, and Nooksack Tribe Family Services to provide assistance specifically targeted to homeless/runaway youth, youth who identify as LGBTQ, and Native American youth populations.
The three year grant to the Northwest Network of Bisexual, Trans, Lesbian and Gay survivors of Abuse will continue to provide comprehensive services to LGBTQ victims of domestic violence, sexual assault, and stalking to enhance advocacy based counseling, support groups, safety planning, access to medical help, and referrals to address culturally-specific needs. Throughout the grant period, the NW Network will educate providers, inform community members, and foster new coalitions and networks to increase the capacity of the region to support underserved victims.
More information about these grants is available from the Outreach and Communications Division of the Office on Violence Against Women at (202) 307-6026.
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Tulalip Tribal Member Sentenced for Killing Bald EaglesRead the Press Release
A 44-year-old member of the Tulalip Tribes was sentenced today in U.S. District Court in Seattle to 111 days in prison and two years of supervised release for clubbing two bald eagles to death, and then attempting to sell them, announced U.S. Attorney Annette L. Hayes. SHANE MOSES pleaded guilty in May 2015 to violating the Lacey Act. The Lacey Act prohibits trafficking in “illegal” wildlife, fish, and plants. At sentencing, Chief U.S. District Judge Marsha J. Pechman said, “The destruction of these eagles is disturbing because they are a symbol of our country and because they are sacred to the tribes of our community.”
“The bald eagle is sacred to our Northwest Tribes and a symbol revered across our country,” said U.S. Attorney Annette L. Hayes. “The wanton clubbing of two of these majestic creatures is wrong and was punished today.”
According to records filed in the case, MOSES was crabbing on Tulalip Bay on December 27, 2013, when he saw two injured bald eagles in the water. MOSES clubbed both eagles in the head with a gaff, fracturing their skulls. He put the eagles in a bucket, returned to shore and asked an acquaintance to drive him to a taxidermist’s where he hoped to be paid for the dead birds. The Tulalip Tribal Police became aware the dead eagles were being transported in the truck, made a traffic stop and seized the eagles. Ultimately, MOSES admitted to clubbing the birds. One was dead when seized by Tulalip Police, the other was suffering and was euthanized because of the injuries inflicted by MOSES.
The case was investigated by the Tulalip Tribal Police and the United States Fish and Wildlife Service. The case was prosecuted by Assistant United States Attorney Seth Wilkinson.
Former Swinomish Tribal Employee Charged with Wire Fraud and Theft of Tribal FundsRead the Press Release
A former Fish and Game Enforcement Officer for the Swinomish Tribe was charged last week in U.S. District Court with nine counts of wire fraud and two counts of theft of tribal funds for his scheme to steal Tribal funds, announced U.S. Attorney Annette L. Hayes. ROBERT SCOTT MILLER, 44, of La Conner, Washington, was a Swinomish Fish and Game Enforcement Officer for eighteen years. According to the criminal complaint, between 2012 and 2015 MILLER made multiple purchases with a Tribal credit card and kept the items he purchased for his own personal use. MILLER made his initial appearance in U.S. District Court in Seattle last week.
According to records filed in the case, MILLER purchased items for his boat using the Tribal credit card. The purchases included various boat parts including a fuel pump, fuel gauge, waterproof Bose speakers, hatches, cleats and fuel for the boat. MILLER also allegedly purchased a chain saw, rifle bags, lighting and a shop vac using Tribal funds. The items were for his personal use and were not approved purchases for the Swinomish Tribe. The purchases total more than $4200.
Wire fraud is punishable by up to 20 years in prison. Theft of Tribal funds is punishable by up to one year in prison.
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.
MILLER is scheduled for a preliminary hearing on the charges on September 17, 2015.
The case was investigated by the Swinomish Police Department and the FBI. The case is being prosecuted by Assistant United States Attorney Ye-Ting Woo.
Superseding Indictment Against Washington State Auditor Troy X. Kelley adds Money Laundering and Additional Tax ChargesRead the Press Release
A U.S. Grand Jury in Seattle has returned a superseding seventeen-count indictment against TROY X. KELLEY, 50, of Tacoma for his scheme to keep stolen money and hide it from both the IRS and those due a refund related to their purchase of a home or refinance of a home mortgage, announced U.S. Attorney Annette L. Hayes. KELLEY was indicted in April. The superseding indictment adds money laundering and tax evasion charges for conduct between 2011 and 2015, including conduct after KELLEY was elected Washington State Auditor. KELLEY will be scheduled for arraignment on the superseding indictment next week in U.S. District Court in Tacoma.
“The superseding indictment alleges that Mr. Kelley’s scheme continued even after his election to statewide office,” said U.S. Attorney Annette L. Hayes. “As set out in the new charges, he is alleged to have laundered money as recently as February of this year.”
According to the counts in the original indictment, between 2003 and 2008, KELLEY operated a business that was paid by real estate title companies to track documents related to real estate sales and refinancings. KELLEY had agreements with those companies for the fees he could charge in connection with the document-tracking work. While the title companies withheld $100-$150 on each loan to pay the fee, the bulk of the money was to be returned to the borrower with KELLEY’s company being paid approximately $15- $20 per transaction. In most cases, KELLEY kept the entire amount withheld on each loan resulting in more than $2 million in stolen money. When the amount withheld by title companies became the subject of civil litigation, KELLEY obstructed the litigation, repeatedly lying in a declaration and in depositions while under oath. The original indictment also charges KELLEY with making false statements to Internal Revenue Service agents who questioned him about his scheme in April 2013, and with corruptly interfering with Internal Revenue law and filing false income tax returns in 2008.
The superseding indictment adds five counts of money laundering for KELLEY’s scheme to transfer and use the stolen funds for his own benefit. The money laundering counts are for conduct in 2011, 2012, 2013, 2014, and 2015. The superseding indictment also adds three additional tax evasion counts alleging KELLEY filed false tax returns for 2011, 2012 and 2013.
One count from the original indictment has been dropped in the superseding indictment. KELLEY is no longer charged with Attempted Obstruction of Civil Lawsuit due to changes in case law.
The charges contained in the superseding indictment 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.
Possession and concealment of stolen property is punishable by up to ten years in prison. Money Laundering is punishable by up to twenty years in prison. False declarations and false statements are punishable by up to 5 years in prison. The remaining charges are punishable by up to three years in prison.
The case was investigated by the Internal Revenue Service Criminal Investigation (IRS-CI) and the FBI.
The case is being prosecuted by Assistant United States Attorneys Arlen Storm, Kathryn Frierson and Andrew Friedman.
kelley_superseding_indictment.pdf (2.6 MB)
Chinese Citizen Sentenced to 18 Months in Prison for Attempt to Export Restricted TechnologyRead the Press Release
A 41-year-old citizen of the People’s Republic of China was sentenced today in U.S. District Court in Seattle to 18 months in prison for Conspiracy to Violate the Arms Export Control Act, announced United States Attorney Annette L. Hayes. YUE WU was arrested October 23, 2014, as he prepared to leave the United States from the San Francisco International Airport. WU had made an unrelated visit to the United States after spending more than two years attempting to obtain a type of accelerometer which is restricted for export from the U.S. At the sentencing hearing U.S. District Judge Richard A. Jones said, “Any time the national security of the United States is implicated, as it was here, that makes it a very serious offense for this and every other federal court.”
According to records filed in the case, in January 2012, WU began his efforts to obtain a type of accelerometer which is used in satellites and spacecraft and can only be exported from the United States if a license is issued by the U.S. State Department. On multiple occasions WU attempted to convince a contact to send the accelerometers to China either disguised in a different export, or via a different country. WU did not know that the person he was working with to obtain the equipment was an undercover law enforcement agent. Over the next two years, via email and telephone communications from China, WU continued to try to get the contact to ship him the accelerometers through various schemes.
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 Todd Greenberg.
Lummi Tribal Member Sentenced to Prison for Being Habitual Domestic AbuserRead the Press Release
A 50-year-old enrolled member of the Lummi Tribe was sentenced today in U.S. District Court in Seattle to two years in federal prison for his assault on his estranged wife, announced U.S. Attorney Annette L. Hayes. LONNIE JESS JAMES, Sr., of Bellingham and the Lummi Reservation, was found to be a habitual offender based on three prior domestic violence assaults that were prosecuted in Lummi Tribal Court. U.S. District Judge John C. Coughenour imposed three years of supervised release to follow the prison term.
“Domestic violence destroys families and can do serious long-term damage to victims,” said U.S. Attorney Annette L. Hayes. “This defendant was prosecuted multiple times by Lummi Tribal authorities and did not get the message that he had to stop. The federal sentence imposed in this case makes clear – we will not tolerate intimate partner violence in our tribal communities.”
According to records filed in the case, JAMES was convicted in Lummi Tribal Court of assaulting his wife on March 4, 2014, September 1, 2011, and September 11, 2007. On November 14, 2014, JAMES entered the home of his estranged wife in violation of a no contact order and assaulted her. He struck her repeatedly and slammed her head against the floor. When she tried to call 9-1-1 for help, JAMES grabbed the phone and threw the victim against the wall so hard that her head made a hole in the drywall. Fortunately another person in the home intervened and stopped JAMES.
JAMES is the third person prosecuted by the office for Domestic Abuse by a Habitual Offender.
The case was investigated by the Lummi Tribal Police Department and the FBI. The case was prosecuted by Assistant United States Attorney J. Tate London.
Two Vancouver Washington Drug Traffickers Sentenced to Prison for Distributing Meth and HeroinRead the Press Release
Two Vancouver, Washington men who distributed significant amounts of methamphetamine and heroin were sentenced to prison terms today in U.S. District Court in Tacoma, announced U.S. Attorney Annette L. Hayes. EUGENIO MEZA-OROZCO, 52, who goes by the street name “Sexy”, was sentenced to ten years in prison and five years of supervised release. ROGELIO RAMIREZ-HERRERA, 33, who goes by the street name “Rata” was sentenced to seven years in prison and four years of supervised release. At the sentencing hearings U.S. District Judge Benjamin H. Settle said meth is a “poison” that “destroys lives and families.”
According to records filed in the case, in March 2014, law enforcement observed MEZA-OROZCO and RAMIREZ-HERRERA conducting various drug distribution activities. When law enforcement moved in and executed court authorized search warrants they found significant amounts of heroin and methamphetamine, including four pounds of methamphetamine in one storage locker. The locker also contained five firearms. Investigators also seized more than $61,000 in cash as well as drug packaging paraphernalia.
The case was investigated by the Vancouver Police Department and the FBI. The case was prosecuted by Assistant United States Attorney Gregory A. Gruber.
Registered Sex Offender Indicted for Distributing Images of Child Rape via TwitterRead the Press Release
A 43-year-old registered sex offender from SeaTac, Washington was indicted today by a federal grand jury for distributing images of child rape via Twitter, announced U.S. Attorney Annette L. Hayes. DANNY 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 has been in custody following his arrest on state charges. He will be arraigned on the indictment in U.S. District Court in Seattle today at 2:00 p.m.
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 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. The investigation revealed that ZIMMERMAN has two 1996 convictions for child molestation in the first degree.
Due to the prior convictions, ZIMMERMAN faces a mandatory minimum 15 years in prison if convicted of Distribution of Visual Depictions of Minors Engaging in Sexually Explicit Conduct.
The charges contained in the indictment 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 was investigated by the Internet Crimes against Children Task Force, the Kent Police Department and the King County Sheriff’s Office.
The case is 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.
Bremerton, Washington Man Pleads Guilty to Anti-Gay Hate Crime for Assault in Seattle’s Capitol Hill NeighborhoodRead the Press Release
A 38-year-old Bremerton, Washington man pleaded guilty today to a federal hate crime under the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act, for a January 2015 assault on three gay men, announced U.S. Attorney Annette L. Hayes and Principal Deputy Assistant Attorney General Vanita Gupta, head of DOJ’s Civil Rights Division. TROY DEACON BURNS, will be sentenced by U.S. District Judge James L. Robart on November 10, 2015. Under the terms of the plea agreement, prosecutors will recommend a prison sentence at the low end of the guidelines range as calculated by the court. However, Judge Robart is not bound by any recommendation by the parties and can impose any sentence up to the statutory maximum ten year term.
According to the plea agreement, just after midnight on January 25, 2015 three gay men were walking on East Pike Street toward Broadway in Seattle’s Capitol Hill neighborhood when BURNS came up behind them and shouted homophobic slurs. BURNS was holding a knife, which he raised up over his head in a stabbing position. Fearing for their safety the men started running. As BURNS caught up to one of the men he again used a slur as he threatened to stab him. One of the other men was able to pull his friend away from BURNS. The third man located Seattle Police Officers who took BURNS into custody. While detained in the patrol car, BURNS continued to yell homophobic slurs. BURNS was under the influence of drugs and alcohol at the time of the assault and says that he does not remember his actions.
The case was investigated by the Seattle Police Department and is being prosecuted by Assistant United States Attorney Bruce Miyake and Saeed Mody, Trial Attorney, Civil Rights Division, United States Department of Justice. The King County Prosecuting Attorney’s Office is providing significant assistance with the case.
Tree Thieves and Mill Owner Indicted for Theft of Big Leaf Maples from National ForestRead the Press Release
Three southwest Washington timber cutters and a Winlock, Washington wood buyer and his lumber mill have been indicted on theft and environmental crimes for cutting Big Leaf Maple trees on national forest land, announced U.S. Attorney Annette L. Hayes. Wood buyer HAROLD CLAUSE KUPERS, 48, and his company J & L TONEWOODS are charged with receipt of stolen property and seven violations of the Lacey Act, which prohibits trafficking in “illegal” wildlife, fish, and plants. The three tree cutters are 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, JAMES MILLER, 36, of Morton, Washington are in custody pending detention hearings. KEVIN MULLINS, 56, of Packwood, Washington has not yet made his initial appearance on the indictment.
“The trees in our national forests belong to all Americans and should not be chopped up to enrich a few,” said U.S. Attorney Annette L. Hayes. “In this case a beautiful and valued resource that is home to endangered species, was felled with some parts just discarded on the forest floor. We are prosecuting not only the tree cutters, but also the mill owner who created a market for the sale of this stolen property.”
According to the indictment, in November and December 2011, the three tree cutters received training and assistance from KUPERS in illegal harvesting of Big Leaf Maples from various sites in the Gifford Pinchot National Forest. The men would seek out “figured maple” which is particularly valuable for musical instruments. Between October 2011 and March of 2012 the tree cutters made approximately fifty sales of illegally-harvested maple wood to KUPERS and J & L TONEWOODS. The wood cutters would bring pieces of the trees to J & L TONEWOODS, where it was cut into salable blocks called “billets.” The indictment alleges KUPERS and J & L TONEWOODS purchased the maple knowing it was stolen and then sold it to out of state companies for more than $800,000.
Violations of the Lacey Act are punishable by up to five years in prison and a $250,000 fine. The other charges in the indictment are punishable by up to ten years in prison and a $250,000 fine.
The charges contained in the indictment 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 investigated by the U.S. Forest Service. The case is being prosecuted by Assistant United States Attorney Seth Wilkinson.
Seventeen Arrested in Connection with Lengthy Drug Trafficking InvestigationRead the Press Release
A lengthy drug trafficking investigation of a criminal group with ties to California and Mexico has resulted in seventeen arrests and the seizure of pound quantities of methamphetamine and heroin, announced U.S. Attorney Annette L. Hayes. Over the last 36 hours, teams of local, state and federal law enforcement agents searched twenty locations across the Puget Sound region in the culmination of an 18 month investigation involving court authorized wire-taps and extensive surveillance of members of the criminal group. Some of those arrested made their initial appearances on the indictments yesterday in U.S. District Court in Seattle. One additional defendant is appearing at 2:00 today.
“Heroin, and methamphetamine continue to wreak havoc in our communities,” said U.S. Attorney Annette L. Hayes. “I commend the law enforcement professionals who investigated this drug trafficking organization, taking large loads of drugs off the street, while also gathering key evidence to make these arrests and prosecutions possible.”
Beginning early yesterday morning, federal state and local law enforcement officers served search warrants on seventeen residences, three storage facilities and more than a dozen vehicles tied to the criminal group. Search warrants were executed in: Auburn, Bellevue, SeaTac, Seattle, Tukwila, Renton, Kent, Port Orchard, and Everett, Washington. An indictment and criminal complaints have been filed charging 22 defendants with conspiracy to distribute controlled substances including methamphetamine and heroin. Some of the defendants are charged with conspiracy to commit money laundering. During the course of the investigation law enforcement seized more than 29 pounds of meth, more than 18 pounds of heroin, 6 pounds of cocaine, approximately $178,000 in cash and sixteen firearms, including five assault rifles.
Those arrested include:
VERONICA ACEVES SANTILLANO, 28, of Renton, Washington
EDIBERTO ASEVEZ SANTILLANO, 36, of Renton, Washington
BRIAN CHRISTENSEN, 39, of Port Orchard, Washington
WILL EDWARD BRAMBILA, 26, of Kent, Washington
SANDRO CRIOLLO, 22, of Seattle
SENDHY AMAIRANY FELIX ACEVEZ, 21, of SeaTac, Washington
FRANCISCO FLORES PENUELAS, 43, of Kent, Washington
JOSE GONZALEZ MEDINA, 35, of Everett, Washington
EDUARDO GUZMAN VALENZUELA, 23, of Kent, Washington
MARICARMEN HERNANDEZ, 34, of Renton, Washington
HANZEL KNIGHT, 42, of Auburn, Washington
HERIBERTO PACHECO JUAREZ, 22, of Kent, Washington
RUBEN RODRIGUEZ RODRIGUEZ, 23, of Renton, Washington
RICARDO TOPETE, 24, of Seattle
RAMON ZAVALA ZAZUETA, 44, of Kent, Washington
JESUS GASTELUM-PAYAN, 20, of Kent, Washington
ALFONSO LEOS VILLASENOR, 20, of Kent, Washington
“This investigation is a great example of law enforcement collaboration,” said Seattle Police Chief Kathleen O’Toole. “The Seattle Police Department will continue to work closely with our federal, state and local partners to eliminate the flow of deadly drugs, such as heroin and methamphetamine to our region.”
Due to the drug quantities involved, some of the defendants face mandatory minimum sentences of ten years in prison. The charges contained in the indictment 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. All of the defendants appearing on indictments yesterday entered pleas of “not guilty.” Trial was set for September 28, 2015 in front of Chief U.S. District Judge Marsha J. Pechman.
This was an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation, providing supplemental federal funding to the federal and state agencies involved. The investigation was led by the Drug Enforcement Administration, the FBI and the Seattle Police Department. The searches and arrests involved agents and officers from: Homeland Security Investigations – Seattle, Port of Seattle Police Department, Washington State Patrol, Snohomish County Sheriff’s Office, Snohomish Regional Drug And Gang Task Force, King County Sheriff’s Office, Kitsap County Sheriff’s Office, Lynnwood Police Department, Kent Police Department, Renton Police Department, Auburn Police Department, Tukwila Police Department, Federal Way Police Department, and the Pierce County Sheriff’s Office.
The case is being prosecuted by Assistant United States Attorneys Vince Lombardi and Thomas Woods.
Bremerton, Washington Man Charged with Anti-Gay Hate Crime for Assault on Seattle’s Capitol HillRead the Press Release
A 38-year-old Bremerton, Washington man was charged today with a federal hate crime under the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act, for a January 2015 assault on three gay men, announced U.S. Attorney Annette L. Hayes and Principal Deputy Assistant Attorney General Vanita Gupta, head of DOJ’s Civil Rights Division. TROY DEACON BURNS, was transferred from state custody today for his initial appearance on the federal charge in U.S. District Court in Seattle at 2:00 p.m.
“When he signed the Shephard/Byrd Hate crimes prevention act into law, President Obama said ‘no one in America should ever be afraid to walk down the street holding the hands of the person they love.’ It is just that sort of fear this defendant engendered with his attack,” said U.S. Attorney Annette L. Hayes. “This federal prosecution demonstrates our commitment to protecting all the residents in our district from bias motivated attacks.”
According to the criminal complaint, just after midnight on January 25, 2015 three gay men were walking on East Pike Street toward Broadway in Seattle’s Capitol Hill neighborhood when BURNS came up behind them and shouted homophobic slurs. BURNS was holding a knife, which he raised up over his head in a stabbing position. Fearing for their safety the men started running. As BURNS caught up to one of the men he again used a slur as he threatened to stab him. One of the other men was able to pull his friend away from BURNS. The third man located Seattle Police Officers who took BURNS into custody. While detained in the patrol car, BURNS continued to yell homophobic slurs.
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.
Commission of a hate crime is punishable by up to ten years in prison and a $250,000 fine.
The case was investigated by the Seattle Police Department and is being prosecuted by Assistant United States Attorney Bruce Miyake and Saeed Mody, Trial Attorney, Civil Rights Division, United States Department of Justice. The King County Prosecuting Attorney’s Office is providing significant assistance with the case.
Repeat Identity Thief Sentenced to 4 Years in Prison for Sophisticated Scheme to Steal Unemployment BenefitsRead the Press Release
A 54-year-old Seattle man was sentenced today in U.S. District Court in Seattle to 48 months in prison for theft of government funds and aggravated identity theft, announced U.S. Attorney Annette L. Hayes. Using a sophisticated scheme based on his training as an accountant, GEORGE VERKLER created fake businesses and stolen identities to collect unemployment benefits from both the Washington and Oregon Employment Security departments. At sentencing U.S. District Judge John C. Coughenour imposed three years supervised release with the condition that VERKLER get mental health treatment.
According to records filed in the case, between February 2008 and October 2014, VERKLER created three fake Washington companies: #1 Accountant Incorporated, Smart Buys at Stupid Prices and Associated Grocers. VERKLER used the names and Social Security numbers of real people when creating the master business applications for these companies. Over the years in question VERKLER claimed to be employed by the companies and then laid off so that he could collect $97,396 in unemployment benefits from the Washington State Employment Security Department.
From July 2010 until October 2014, VERKLER created a fictitious Oregon business called Fair Accounting, and filed quarterly tax reports using the stolen names, Social Security numbers and dates of birth of four real people. Then claiming the purported employees had been laid off, VERKLER filed benefit claims under each victim’s name and stole $139,932 in unemployment benefits from the Oregon Employment Security Department.
The case came to the attention of law enforcement when Washington State tried to collect taxes from one of the fictitious companies. The total loss to the employment security programs in both states is $237,328.
This is a second federal conviction for VERKLER, who in 1999 was convicted of stealing the identities of 91 different people to fraudulently obtain tax return refunds. In 2001 he was sentenced to 15 months in prison for that crime.
In their filings with the court, prosecutors noted that this crime occurred in a context where the financial costs of identity theft top $24.7 billion. In 2012 an estimated 16.6 million people in the U.S. were victims of identity theft.
The case was investigated by the Department of Labor Office of the Inspector General (DOL-OIG). The case is being prosecuted by Assistant United States Attorney Francis Franze-Nakamura.
Federal Way, Washington Man Sentenced to Nearly 20 Years in Prison for Directing Child Rape over the InternetRead the Press Release
A 66-year-old Federal Way, Washington man was sentenced today in U.S. District Court in Seattle to 238 months in prison and lifetime supervised release for receipt and possession of child pornography, announced U.S. Attorney Annette L. Hayes. ANDREW MARK SALAZAR pleaded guilty in April 2015, admitting that he directed women to perform sex acts on young children while he watched the rapes via webcam. The victims were impoverished children in the Philippines whose family members were paid for producing the images of sex assault. At sentencing U.S. District Judge James L. Robart said SALAZAR “bears responsibility for directing conduct by others to victimize these children… The conduct is beyond the limits of what society accepts and will not be tolerated.”
“This defendant thought he could hide behind a computer screen while he reached across the world and horrifically damaged young children,” said U.S. Attorney Annette L. Hayes. “Stopping this kind of child exploitation is a top priority whether the victims are here at home or half way around the world. I commend those who reported the crime to law enforcement, and the agents and officers of the U.S. Secret Service and Federal Way Police Department who fully investigated and put an end to this criminal conduct.”
According to records filed in the case, SALAZAR came to the attention of law enforcement in Western Washington when he brought his phone into a Sprint store to transfer pictures and data to a new phone. Technicians discovered images of children being sexually assaulted on the phone. A subsequent search of SALAZAR’s home revealed several devices with images of children from foreign countries being sexually assaulted while the defendant directed the conduct via webcam and chat sessions. SALAZAR made payment through Western Union and PayPal, and threatened to stop paying the women if they did not follow his directions.
SALAZAR has a prior conviction for rape of a 13-year-old girl in Texas in 1975.
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.
The case was investigated by the Federal Way Police Department and U.S. Secret Service. The case is being prosecuted by Cecelia Gregson. Ms. Gregson is a Senior Deputy King County prosecutor specially designated to prosecute child exploitation cases in federal court.
Prominent Basketball Trainer Sentenced to 4+ Years in Prison for FraudRead the Press Release
A 62-year-old Redmond, Washington man who trained high profile basketball players and at one time worked for the Seattle Supersonics was sentenced today in U.S. District Court in Seattle to 50 months in prison for fraud, announced U.S. Attorney Annette L. Hayes. STEPHEN BRUCE GORDON pleaded guilty in April 2015, admitting he defrauded approximately thirty victims of more than $4 million through a variety of interrelated schemes, each of which was based on lies. At the sentencing hearing U.S. District Judge Ricardo S. Martinez acknowledged Gordon’s contributions to the basketball community but said, “he used the game and his connections to people in it to take money from his victims…in his wake, he left financial ruin.”
“This defendant spun a web of lies, going so far as to have an associate impersonate government officials and a wealthy businessman to lull his victims,” said U.S. Attorney Annette L. Hayes. “Mr. Gordon traded on a well of goodwill in the community, but he poisoned that well with his lies and now has to live with the consequences of his actions.”
According to the plea agreement and other records filed in the case, between 2007 and 2013, GORDON solicited investments for a variety of schemes ranging from bringing an NBA franchise to Seattle, to supporting an Australian basketball league, to investing in Section 8 housing in the Southeast United States. GORDON employed a variety of lies to make his schemes seem legitimate and traded on his relationship with a prominent tech billionaire, and other respected professionals to make it appear he had significant backing for his proposed businesses. When investors started to get nervous about the money they had placed with GORDON, he paid an associate $29,000 to make telephone calls to various investors pretending to be a wealthy technology company executive, former Treasury Secretary Timothy Geithner and even former Attorney General Eric Holder. The calls were designed to “put off” or “lull” investors whose investments had been used to repay prior investors as part of the defendant’s Ponzi scheme.
In their sentencing memo prosecutors noted that GORDON’s “schemes all preyed on the relationships and trust that Gordon had meticulously established with his victims. The defendant may not have set out to create a scheme to get rich. He simply started telling small lies when early investments failed. At any point, he could have stopped the fraud. He never did. Small lies became big lies, and tens of thousands of dollars in losses became millions.”
Judge Martinez ordered GORDON into custody to immediately begin serving his sentence. GORDON is responsible for $4,009,143 in restitution to his victims.
The case was investigated by the FBI and is being prosecuted by Assistant United States Attorney Matthew Diggs.
Former Tribal Police Chief Pleads Guilty to Theft of Tribal FundsRead the Press Release
The former Police Chief of the Swinomish Tribe pleaded guilty today in U.S. District Court in Seattle to 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 admits he stole more than $30,000 that belonged to the tribe. Sentencing before U.S. District Judge John C. Coughenour is scheduled for November 10, 2015
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.
Theft of tribal funds is punishable by up to five years in prison and a $250,000 fine.
The case was investigated by the FBI and the Washington State Patrol. The case is being prosecuted by Assistant United States Attorneys Seth Wilkinson and Ye-Ting Woo.
Former Nightclub Owner Sentenced to 12 Years in Prison for Drug and Gun CrimesRead the Press Release
A 40-year-old Olympia, Washington man was sentenced today in U.S. District Court in Seattle, for drug distribution and illegal gun possession announced United States Attorney Annette L. Hayes. STEVEN ASIR THOMAS was convicted of Conspiracy to Distribute Controlled Substances, Money Laundering, Conspiracy to Possess Firearms in Furtherance of a Drug Trafficking Crime and being a Felon in Possession of a Firearm following a six day jury trial in April 2015. At sentencing U.S. District Judge John C. Coughenour said the sentence was driven by the amount of drugs involved and THOMAS’ intent to have an attorney assaulted because of a business dispute involving his nightclub.
“This defendant was brazen in his criminal conduct, bragging about his plans to distribute methamphetamine and cocaine, and launder money through a Seattle nightclub,” said U.S. Attorney Annette L. Hayes. “While he plotted assaults and ways to trade guns for drugs, he didn’t know law enforcement was listening to every word. Now instead of enriching himself at the expense of public safety, he will pay his debt to society by serving time in prison.”
According to records in the case and testimony at trial, THOMAS had owned various nightclubs in the Seattle area, and sought to open a new nightclub near the Seattle Center called “Ice Nightclub”. THOMAS discussed his plans with a person working with law enforcement as well as with an undercover agent. THOMAS claimed the club would be a cover to launder drug money, and would generate cash for additional drug purchases. In October 2013, THOMAS worked to set up a drug deal trading methamphetamine for assault rifles. On three other occasions, law enforcement seized drugs that were either delivered or ordered by THOMAS. In October 2013, THOMAS picked up a pound of methamphetamine from a source and then “sold” it to an undercover agent in Portland, Oregon. About a week later, another two pound load of methamphetamine was seized on a bus headed to Portland – the courier was bringing it to THOMAS. Finally, in March 2014, THOMAS arranged another one pound sale in Portland of highly pure methamphetamine to an undercover agent.
THOMAS used bank accounts set up in the name of Ice Nightclub to launder money he believed to be the proceeds of drug dealing. Some of the money was provided to THOMAS by undercover agents acting as drug dealers in order to ferret out the nature and extent of THOMAS’ wrongdoing. The plan that THOMAS came up with was for drug dealers to give him cash disguised as an investment in the club. Then THOMAS would write a check from Ice Nightclub accounts to an entity connected to the drug dealers to make it appear that the Ice Nightclub was paying for services rendered. THOMAS collected a fee from the “drug dealers” for his assistance in disguising the criminal source of the funds.
Finally, on March 27, 2014, law enforcement executed a search warrant at THOMAS’s residence. They found a loaded Glock 9 mm Model 19 firearm next to his bed. Also in the residence was evidence of drug dealing including cocaine, 14 cell phones, scales, currency bands and evidence of a previous marijuana grow. THOMAS is prohibited from possessing guns due to a felony drug conviction in 2006 in Arkansas.
“Individuals who create businesses that launder profits for drug trafficking organizations should understand that they will actually be the ones paying the price when they forfeit their freedom and the proceeds of their criminal acts,” said Brad Bench, Special Agent in Charge of ICE HSI in Seattle. “The sentencing of this defendant sends a clear message that law enforcement will not tolerate the actions of those who use the cover of legitimate business to conceal cash obtained from drug trafficking and associated acts of violence in order to bring dangerous narcotics into our communities.”
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 U.S. Immigration and Custom Enforcement’s Homeland Security Investigations (HSI), the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and the Seattle Police Department.
The case was prosecuted by Assistant United States Attorneys Jerrod Patterson, Nicholas Manheim, and Lisca Borichewski.
Court Approves Updates to Seattle Police Department’s Use of Force PolicyRead the Press Release
U.S. District Judge James L. Robart today approved updates to the Seattle Police Department’s policies that address when officers may and may not use force and the reporting, investigation and review of uses of force. De-escalation provisions were already a critical part of the overall use of force policy, and the revisions now call those provisions out as a separate section to clarify that officers can be held accountable when they do not attempt to de-escalate tense situations, as their training instructs. The surgical revisions, submitted to the Court by Monitor Merrick Bobb with the support of SPD and the Department of Justice (DOJ), are the product of constructive feedback from officers and community members, including the Community Police Commission (CPC), as part of the annual review of new policies implemented after the DOJ civil rights investigation. As the Monitor indicated in submitting the revised policies to the Court last month, “the relatively limited changes to the policies are all evidence-based – informed by real-world experience, actual SPD trends, and objective data, not hypotheticals or unsubstantiated claims.”
“From the beginning, we have emphasized that reform wasn’t just about checking boxes and moving on. To take root, our collective reform efforts require constant feedback, critical review, and thoughtful revision,” said U.S. Attorney Annette L. Hayes. “Valuable insights from officers of all ranks and members of the community have made already excellent policies even stronger. By incorporating ongoing guidance about what’s working on the ground and in the review of force incidents, we enhance officer safety and protect constitutional rights. These revisions – and the built-in, self-correcting process to evaluate the core policies guiding reform at SPD – continue to build trust between the police department and the community.”
“Today’s announcement is an important step forward in our Seattle Police Department’s ongoing efforts to improve the quality of policing and restore public trust,” said Seattle Mayor Ed Murray. “As our nation grapples with the challenge of improving police accountability and transparency, the department’s reforms, such as our revised Use of Force policy, are helping us become a national model for urban policing.”
“Working collaboratively with the Monitoring Team and the Department of Justice, the Seattle Police Department is moving full speed ahead with reform,” said Seattle Police Chief Kathleen O’Toole. “Collectively, we have developed and refined policies, procedures and training, that are at the leading edge of policing.”
Among the changes are:
- Creating a stand-alone de-escalation policy (Section 8.100) to clarify that officers may be held accountable for failing to attempt to de-escalate where appropriate during an incident in the sequence of events leading to force being used.
- Tightening the core use of force policy (Section 8.200) to create an even clearer and shorter policy governing the application of force.
- Clarifying when the use of less-lethal tools may be prohibited (Section 8.300), including consideration of the physical condition of the subject and environmental or other situational circumstances.
- Revising the force review and investigation policies and process (Section 8.400) to reflect process-related lessons learned to ensure timely, objective investigation of force incidents.
- Clarifying that the Force Review Board has a duty to make determinations related to policy, tactics, or training issues as they arise and to refer matters to the Office of Professional Accountability as needed.
The Court initially approved SPD’s new use of force policy in December 2013, and it became effective on January 1, 2014. All officers began receiving training shortly thereafter, including electronic learning, an eight-hour in-class training, and a comprehensive, scenario-based, 24-hour training through 2014. Officers have been and will continue to receive additional force training throughout 2015. The training plan for 2015 may be found here: http://www.seattlemonitor.com/s/Third-Year-Monitoring-Plan.pdf.
Under the terms of the settlement agreement between the DOJ and the City of Seattle, the parties are required to engage in an annual review of all required policies, procedures and training curricula “180 days after it is implemented, and annually thereafter.” The changes accepted by the Court today are the result of the first comprehensive appraisal of the force-related policies. As the Monitor wrote when filing the updated policies, the revisions originate from:
- the analysis of hard data on use of force and its review;
- officer listening sessions and focus groups conducted by SPD Patrol;
- officer comments provided to SPD’s Audit, Policy & Research division;
- lessons learned by the Force Review Board and Force Investigations Team;
- separate officer and community input sessions by the CPC; and
- the ongoing observations of the Parties.
Background information about the originally-approved use of force policy is available here: http://www.justice.gov/usao-wdwa/pr/doj-hails-milestone-seattle-police-department-reform-efforts-court-s-approval-new-use .
Two Former Bellevue Residents Who Allowed Apartment to be used for Drug Manufacturing Sentenced to Three Years in PrisonRead the Press Release
Two men who invited a third man to use their Bellevue, Washington apartment for the illegal manufacturing of hash oil were sentenced to prison today in U.S. District Court in Seattle, announced U.S. Attorney Annette L. Hayes. JESSE D. KAPLAN, 32, of Redmond, Washington and Daniel James STRYCHARSKE, 29, of Kirkland, Washington were each sentenced to three years in prison and three years of supervised release. Last month the lead defendant in the case, David Richard Schultz, II, 33, was sentenced to nine years in prison. Schultz was using highly explosive butane gas to make hash oil in the Hampton Greens Apartment complex on November 5, 2013 while the other two apartment residents were sleeping. The gas exploded and numerous people in the apartment complex were injured fleeing the fire. One of them, a former Mayor of Bellevue, died following treatment for injuries sustained while trying to escape the building.
“As I emphasized when the lead defendant was sentenced, this case tragically demonstrates why BHO extraction operations are so dangerous,” said U.S. Attorney Annette L. Hayes. “Just like the meth labs we have worked so hard to eradicate, hash oil labs involve dangerous solvents and pose a serious risk of death and property damage.”
At the sentencing hearings U.S. District Judge James L. Robart said, “What moves the court is the loss of life, the permanently disabling and significant injuries the people received all because they lived in an apartment building with these defendants….who undertook this incredibly reckless and dangerous activity.”
According to records filed in the case, KAPLAN and STRYCHARSKE rented the apartment and allowed Schultz to set up the BHO manufacturing equipment in their space. The men planned to sell the BHO for profit. All three men suffered injuries in the explosion. Former Bellevue Mayor Nan Campbell was hospitalized for a broken pelvis she suffered trying to escape the flames. She later died following complications from her hospitalization. Two other apartment residents suffered shattered bones as they had to jump from their upper level apartments. In all the fire caused more than $2 million in property damage. The total amount of restitution owed by these defendants will be finalized by a hearing scheduled for September 21, 2015.
Judge Robart determined an upward departure from the sentencing guidelines was warranted for the defendants in the case because of the severe damage to the community. “I am troubled that the conduct was motivated by greed – the money that could be made by manufacturing hash oil,” Judge Robart said. He added that prison sentences may deter others from getting involved in butane hash oil manufacturing.
This case was investigated by multiple local and federal agencies, including: the Drug Enforcement Administration (DEA), Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the U.S. Marshals Service, and the Bellevue Police and Fire Departments.
The case is being prosecuted by Assistant United States Attorneys Todd Greenberg and Vince Lombardi.
Washington State Construction Company Settles Allegations of False Claims in Disadvantaged Business Enterprise ProgramRead the Press Release
Tri-State Construction, a privately-owned Washington State construction company, today agreed to pay more than $140,000 to settle allegations it submitted false records to the Washington State Department of Transportation related to the federally-funded I-5 HOV lane project between Port of Tacoma Road and the Pierce/King County line, announced U.S. Attorney Annette L. Hayes. The settlement involves Tri-State’s claims from 2010 to 2014 that it was renting a specialized machine from a certified Disadvantaged Business Enterprise (DBE). In fact, the machine was not owned by DBE – OMA Construction. The machine was actually owned by Tri-State, which attempted to use a lease/purchase agreement to make it appear, consistent with DBE set-aside requirements for federally-funded highway projects, that OMA owned the machine.
“Disadvantaged Business Enterprise fraud harms the integrity of the DBE program and law-abiding contractors by defeating efforts to ensure a level playing field in which all firms can compete fairly for contracts,” said William Swallow, Regional Special Agent-in-Charge of the U.S. Department of Transportation Office of Inspector General. “Our agents will continue to work with the Secretary of Transportation and other Federal, State, and local law enforcement and prosecutorial colleagues to expose and shut down DBE fraud schemes that adversely affect public trust and DOT-assisted highway programs.”
In all Tri-State will pay $142,440 to the U.S. Department of Transportation to settle the allegations. The company does not admit any misconduct. The machine at issue is a “chitosan” – used to process and clean wastewater generated by construction projects. The adequacy of Tri-State’s work on the I-5 project is not disputed.
The case was investigated by the U.S. Department of Transportation Office of Inspector General and the FBI. The case was handled by Assistant United States Attorneys Kayla Stahman and Priscilla Chan.
Hood Canal Homeowner Pleads Guilty to Making False Statement to Federal AuthoritiesRead the Press Release
A Hood Canal waterfront property owner pleaded guilty today in U.S. District Court in Tacoma to the federal felony offense of making a false statement to a federal official in connection with his unlawful construction of a beachfront bulkhead, announced U.S. Attorney Annette L. Hayes. JON KOLOSKI, 74, of Potlach in Mason County, constructed the bulkhead in September 2011, without the appropriate permit from the U.S. Army Corps of Engineers. KOLOSKI had been told by both Mason County officials and the Corps that he needed the federal permit to construct the bulkhead. After he failed to complete the permit process, and after the new bulkhead had been installed, KOLOSKI falsely told the U.S. Army Corps of Engineers via email that he no longer needed the permit as he was not going to replace the previously existing bulkhead. A subsequent inspection by the Corps of Engineers revealed the bulkhead had already been constructed and was in violation of federal and state rules. KOLOSKI is scheduled to be sentenced by U.S. District Judge Benjamin H. Settle on October 5, 2015.
“Not only did this defendant knowingly proceed without a permit, he lied to federal officials in an effort to hide his wrongdoing,” said U.S. Attorney Annette L. Hayes. “These lies made it harder to protect the environment that we so cherish here in the Pacific Northwest and violated the public trust.”
According to the plea agreement, KOLOSKI admits that in the late 1990s he started exploring the replacement of the existing bulkhead at his beachfront property. He was told by Mason County authorities that any new bulkhead had to remain on the footprint of the existing bulkhead, and could not extend further than 6 feet past the ordinary high water mark. KOLOSKI was also informed that any work that extended beyond the ordinary high water mark had to be approved and permitted by the U.S. Army Corps of Engineers. In early 2010, Mason County issued permits for a new bulkhead 6 feet past the ordinary high water mark. In June 2010, an official with the U.S. Army Corps of Engineers informed KOLOSKI that he needed to apply for a permit. In paperwork submitted to the Corps, KOLOSKI said the bulkhead would be ten feet past the ordinary high water mark. The Corps asked for more information on the project, but KOLOSKI did not respond and in September 2010 the permit process was cancelled.
In October 2010, KOLOSKI revived the process by submitting some of the required information and he was informed of the time frame for permit approval. Still without a permit, in mid-2011 KOLOSKI went forward and hired a contractor. In September 2011 KOLOSKI had the bulkhead installed ten feet past the ordinary high water mark. The Corps of Engineers was unaware of the construction and sent KOLOSKI information on specific requirements for a permit in early 2012. KOLOSKI responded in April 2012 that due to financial considerations he no longer planned to build the new bulkhead and asked that his application for a permit be withdrawn. KOLOSKI sent the email some six months after having the new bulkhead constructed. In May 2012, a Corps of Engineers inspector visited the KOLOSKI property and discovered the new bulkhead had been constructed without a permit and in violation of rules regarding the distance seaward from the ordinary high water mark.
“The defendant made false statements designed to mislead government authorities,” said Lance Ehrig, Acting Special Agent in Charge of EPA’s criminal enforcement program in the State of Washington. “As a principal founder of an environmental engineering firm and as a geologist, Mr. Koloski was well aware of the permit requirements for shorelines in and around the Puget Sound region. Our government functions properly only when individuals and corporate entities submit honest and truthful information while requesting government oversight of projects that could affect the environment. Today’s guilty plea demonstrates that violators who deliberately waste government resources – and taxpayers’ money – will be prosecuted.”
In addition to the criminal charge, KOLOSKI also settled civil violations of the federal Clean Water Act.
“Mr. Koloski’s unpermitted work resulted in the loss of endangered salmon habitat,” said David Allnutt, Director of the Office of Ecosystems, Tribal and Public Affairs in the EPA Seattle office. “We work closely with our local and state partners and spend millions of dollars on Puget Sound protection and recovery. It is imperative that developers who work on sensitive shoreline habitats have permits that allow for development to proceed in a way that protects the environment.”
KOLOSKI has agreed to pay $60,000 in civil penalties and $60,500 to the Hood Canal Coordinating Council for mitigation of salmon habitat to offset environmental impacts associated with construction of the bulkhead. In addition, the civil settlement requires habitat restoration at the site of the bulkhead to remedy habitat loss.
The EPA worked with a team of agencies which included Mason County, Washington Department of Ecology, Washington Department of Fish and Wildlife, the U.S. Army Corps of Engineers, and National Oceanic and Atmospheric Administration to resolve this case.
The case is being prosecuted by Assistant United States Attorney James Oesterle.
Mill Creek Man Charged with Importing Drug Paraphernalia and Trafficking in Counterfeit GoodsRead the Press Release
A Mill Creek, Washington man was arrested today on a criminal complaint charging him with importing drug paraphernalia and trafficking in counterfeit goods following a multi-year investigation by Homeland Security Investigations, announced U.S. Attorney Annette L. Hayes. JAE SEON YOON, (AKA: Jason YOON), 55, is the president or vice-president of multiple companies doing business in Washington State: J&J, Inc. (d/b/a “Top Wholesale, Inc.”), Smomax, Inc. (d/b/a “346 Glass Pipe/Master Trading”) and Three People Corp. (d/b/a/ “Cigar USA”). The criminal complaint alleges YOON imported and distributed drug paraphernalia and other goods with counterfeit markings that made them appear to be from established suppliers. YOON allegedly used stickers with Seahawks and other NFL team logos to increase the price of the drug paraphernalia he sold. YOON was arrested this morning as part of a search of three properties where law enforcement believes the counterfeit goods were being stored. YOON will appear in U.S. District Court in Tacoma at 2:30 Wednesday July 8, 2015.
According to the criminal complaint, YOON imported drug paraphernalia from China, sometimes via Canada, by marking them as vases, laboratory glassware, or oil and vinegar dispensers. Multiple shipments were seized by law enforcement. While the items were made in China, they were falsely marked with the logos of companies who manufacture similar goods in Germany and Canada. YOON also imported e-cigarettes and chargers which bore counterfeit Underwriters Lab (U/L) markings. U/L is an American worldwide safety consulting and certification company that provides safety standards for electrical devices and components. YOON’s companies then sold the counterfeit items to small “mom and pop” type retail stores.
The criminal complaint describes how YOON also imported counterfeit Seahawks logo stickers to stick on items to increase their value, and how he trafficked in “Hello Kitty” logo items despite being served with a cease and desist letter by the registered trademark owner.
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 investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations with assistance from U.S. Customs and Border Protection (CBP), the Washington State Liquor and Cannabis Control Board, and the Food and Drug Administration (FDA) Office of Criminal Investigations. The case is being prosecuted by Assistant United States Attorney Marci Ellsworth.
Justice Department Announces Settlement Agreement with Longview, Washington, Car Dealership to Protect Employment Rights of Military ApplicantsRead the Press Release
The Department of Justice announced today that it has reached a settlement with Bud Clary Chevrolet of Longview, Washington, to resolve a lawsuit it filed on behalf of Darrel Forney, a U.S. Navy Airman from Kelso, Washington. The lawsuit alleged that the company violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) when it terminated Forney in January 2014, after learning of his intention to join the armed services. If approved by the court, the settlement will resolve the allegations that the defendant violated the employment rights of Forney.
Bud Clary Chevrolet is a multiple-location car dealership and service center based out of Longview. According to the department’s complaint, filed in the U.S. District Court for the Western District of Washington in Seattle, the dealership violated USERRA by terminating Forney from his position as a lube technician in its service department after learning that he intended to join the armed services. Forney initially intended to join the Navy Reserves, but after being terminated and unable to find other employment, he enlisted as an active duty Naval Airman. Forney is currently stationed in Pensacola, Florida. His family continues to reside in Kelso.
“The brave men and women who volunteer for our Armed Forces should never have to fear losing their job for signing up to protect our country,” said Acting Associate Attorney General Stuart F. Delery. “This settlement demonstrates the Department of Justice’s commitment to protecting service members from unlawful employment discrimination and we will continue to devote time and resources to these efforts.”
“No service member should have to make a choice between keeping his civilian job and serving his country,” said Vanita Gupta, Head of the Civil Rights Division. “The Civil Rights Division is committed to preserving the rights and privileges of those who, through their bravery and dedication, secure the rights and liberties of all Americans.”
“While our dedicated men and women of the military protect our freedoms overseas, we must protect their interests here at home,” said U.S. Attorney Annette L. Hayes of the Western District of Washington. “The men and women who serve in our military cannot be penalized for that decision. This case is another example of the United States Attorney’s Office’s commitment to enforcing the laws that protect the employment rights of those who serve our country.”
Under the terms of the settlement, embodied in a consent decree that has been submitted for approval to the federal district court in Seattle, the defendants must pay Forney $15,500 to compensate him for lost wages. Among other things, the settlement also requires the defendants to provide training to Bud Clary Chevrolet’s management and human resources staff on the USERRA rights and obligations of employers and covered employees, including USERRA’s prohibition on terminating employees based upon their application to the military.
The case was litigated by Assistant U.S. Attorney Christina Fogg of the Western District of Washington, in collaboration with Andrew Braniff, Special Counsel and USERRA/U.S. Attorney’s Office Program Coordinator, in the Civil Rights Division’s Employment Litigation Section.
The Civil Rights Division has given a high priority to the enforcement of service members’ rights under USERRA. Additional information about USERRA can be found on the Justice Department’s website at www.justice.gov/crt/emp and www.servicemembers.gov as well as on the Labor Department’s website at www.dol.gov/vets/programs/userra/main.htm. The Justice Department also has a special website dedicated to protection of service members’ rights which can be found at www.justice.gov/opa/blog/acting-associate-attorney-general-stuart-f-delery-announces-servicemembers-and-veterans.
Justice Department Announces Settlement Agreement with Longview, Washington Car Dealership to Protect Employment Rights of Military ApplicantsRead the Press Release
WASHINGTON - The Department of Justice announced today that it has reached a settlement with Bud Clary Chevrolet of Longview, Washington to resolve a lawsuit it filed on behalf of Darrel Forney, a U.S. Navy Airman from Kelso, Washington. The lawsuit alleged that the company violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) when it terminated Forney in January 2014, after learning of his intention to join the armed services. If approved by the court, the settlement will resolve the allegations that the car dealership violated the employment rights of Forney.
“While our dedicated men and women of the military protect our freedoms overseas, we must protect their interests here at home,” said U.S. Attorney Annette L. Hayes. “The men and women who serve in our military cannot be penalized for that decision. This case is another example of the United States Attorney’s Office’s commitment to enforcing the laws that protect the employment rights of those who serve our country.”
Bud Clary Chevrolet is a multiple-location car dealership and service center based out of Longview, Washington. According to the department’s complaint, filed in the U.S. District Court for the Western District of Washington in Seattle, the dealership violated USERRA by terminating Forney from his position as a lube technician in its service department after learning that he intended to join the armed services. Forney initially intended to join the Navy Reserves, but after being terminated and unable to find other employment, he enlisted as an active duty Naval Airman. Forney is currently stationed in Pensacola, Florida. His family continues to reside in Kelso, Washington.
Under the terms of the settlement, embodied in a consent decree that has been submitted for approval to the federal district court in Seattle, the defendants must pay Forney $15,500 to compensate him for lost wages. Among other things, the settlement also requires the defendants to provide training to Bud Clary Chevrolet’s management and human resources staff on the USERRA rights and obligations of employers and covered employees, including USERRA’s prohibition on terminating employees based upon their application to the military.
“The brave men and women who volunteer for our Armed Forces should never have to fear losing their job for signing up to protect our country,” said Acting Associate Attorney General Stuart F. Delery. “This settlement demonstrates the Department of Justice’s commitment to protecting service members from unlawful employment discrimination and we will continue to devote time and resources to these efforts.”
“No service member should have to make a choice between keeping his civilian job and serving his country”, said Vanita Gupta, Head of the Civil Rights Division. “The Civil Rights Division is committed to preserving the rights and privileges of those who, through their bravery and dedication, secure the rights and liberties of all Americans.”
The case was litigated by Assistant U.S. Attorney Christina Fogg in the U.S. Attorney’s Office for the Western District of Washington, in collaboration with Andrew Braniff, Special Counsel and USERRA/USAO Program Coordinator, in the Employment Litigation Section of the Civil Rights Division of the Justice Department.
The Justice Department’s Civil Rights Division has given a high priority to the enforcement of service members’ rights under USERRA. Additional information about USERRA can be found on the Justice Department’s websites at www.usdoj.gov/crt/emp and www.servicemembers.gov, as well as on the Labor Department’s website at www.dol.gov/vets/programs/userra/main.htm. The Justice Department also has a special website dedicated to protection of service members’ rights. You can find the information here: www.justice.gov/opa/blog/acting-associate-attorney-general-stuart-f-delery-announces-servicemembers-and-veterans
Repeat Sex Offender who Preyed on Youth via Online Computer Games Sentenced to 15 Years in PrisonRead the Press Release
A 35-year-old Kirkland, Washington man was sentenced Monday, June 29, 2015 in U.S. District Court in Seattle to 15 years in prison for receipt and possession of child pornography, announced U.S. Attorney Annette L. Hayes. ANDREW MICHAEL HARTUNG was contacted by law enforcement after a parent in Colorado reported that someone his son had met through online games asked the teen for sexually explicit pictures. While playing the online games “League of Legends” and “Minecraft,” HARTUNG represented himself as a teen-ager. Further investigation revealed HARTUNG had convinced other young teens to send him sexually explicit photos. In 2002, HARTUNG was convicted of possession of child pornography while a student in Pullman, Washington. U.S. District Judge James L. Robart imposed the mandatory minimum 15-year sentence for offenders with a prior conviction for a child sex offense, and ordered HARTUNG to be on lifetime supervised release following the prison sentence.
“This convicted sex offender patronized online gaming sites predominately frequented by minors,” said U.S. Attorney Annette L. Hayes. “He spent years cultivating relationships with malleable young teens, grooming them and plying them with misinformation about his age, identity, and most importantly his intentions. This case serves as a reminder to parents to be engaged in their children’s online lives.”
According to records filed in the case, HARTUNG cultivated relationships with at least three teen-age boys online over years of playing video games. HARTUNG convinced the teens he was also a teen-ager and sent the teens gift cards, online game points and gifts. HARTUNG contacted the teens via text message, SKYPE, and FaceTime. In one instance HARTUNG traveled to the victim’s state (Arizona) to provide him with a laptop computer. Messages recovered from HARTUNG’s and the victim’s media devices reveal HARTUNG was trading gifts, game items and money for sexually explicit images of the victims. Before law enforcement executed a search warrant in April 2014, HARTUNG had been planning to travel to Colorado to contact the victims.
The case was investigated by the Arapahoe County Sheriff’s Office in Colorado, the Kirkland Police Department, and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI). The case was prosecuted by Special Assistant United States Attorney Cecelia Gregson. Ms. Gregson is a Senior Deputy Prosecuting Attorney for the King County Prosecutor’s Office specially designated to prosecute child exploitation cases in federal court.
Puyallup Man Sentenced to Two Years in Prison for Hash Oil BlastRead the Press Release
A Puyallup man making hash oil for an illegal marijuana edible operation was sentenced today in U.S. District Court in Tacoma to 24 months in prison and three years’ supervised release, announced U.S. Attorney Annette L. Hayes. SETH M. CLEEK, 22, was using highly flammable butane gas to make hash oil on May 20, 2014 when the operation exploded and caught fire. Butane canisters were hurled in every direction – putting those living near the scene, and first responders at risk. One canister was driven through a plastic planter – demonstrating the force of the explosion. Fortunately CLEEK’s family, including his 18-month-old child, was not injured in the blast. U.S. District Judge Ronald B. Leighton imposed the sentence.
According to records filed in the case, CLEEK was being paid $10 for each “tube” of marijuana he sought to turn into butane honey oil (BHO). The process, which involves forcing butane gas through marijuana clippings packed in a tube, and then boiling off the solvent can prove highly explosive. CLEEK was using some 20 cases of butane supplied to him by co-defendant Kevin Weeks, when the operation exploded. The resulting fire melted the siding on the Puyallup home and destroyed a plastic basketball backboard.
The investigation revealed that CLEEK was working for Weeks – the operator of a marijuana “medible” company called ‘Cap’n Cosmics. The company had no state licensure to make marijuana products, and used marketing that mimics the look of a children’s cereal, “Cap’n Crunch.” Search warrants served several weeks after the Puyallup explosion revealed that Weeks had moved the BHO manufacturing operation to an industrial area, but was using a method that could have resulted in a much greater and even more damaging explosion. In all some 1800 pounds of marijuana and marijuana laced food products were seized in the investigation.
The case was investigated by the Puyallup Police Department, Pierce County Sheriff’s Department, the Drug Enforcement Administration (DEA) and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). The Pierce County Prosecutors Office assisted with the case. The case is being prosecuted by Assistant United States Attorneys Vince Lombardi and Todd Greenberg.
Willapa Bay Oyster Processor and Company President Plead Guilty to Violating Clean Water ActRead the Press Release
Ocean Park, Washington oyster processing company WIEGARDT BROTHERS, INC. (WBI) and company President and majority owner FREDERIC “FRITZ” WIEGARDT, pleaded guilty today in U.S. District Court in Tacoma to violating the Clean Water Act, announced U.S. Attorney Annette L. Hayes. The company admits that from at least 2012 to 2014, the company violated its permit to discharge effluent into Willapa Bay. Specifically, the company President knew that the company’s General Manager was not properly performing the required monthly effluent sampling as required by the permit. As part of its guilty plea WIEGARDT BROTHERS, INC. agreed to pay a $100,000 fine, make a $75,000 community service payment, implement an EPA approved environmental management system to insure future compliance, and publish a public apology in the Pacific Coast Shellfish Growers Association’s quarterly newsletter. As part of his plea agreement, Mr. WIEGARDT is jointly responsible for payment of the $100,000 criminal fine and must complete 75 hours of community service. Under the terms of the plea agreements, Magistrate Judge David W. Christel is not bound by the sentencing agreements and is free to impose any sentence allowed by law.
“Protection of our environment is at the heart of Clean Water Act,” said U.S. Attorney Annette L. Hayes. “Here, a company that profits from our region’s clean waters failed to take important steps to protect those very resources. These pleas, including the mandated environmental management system, will provide regulatory officials the means to monitor the company’s compliance efforts going forward.”
“America’s environmental laws protect human health by keeping our harbors, bays and waterways from becoming dumping grounds for waste materials,” said Lance Ehrig, Acting Special Agent in Charge of EPA’s criminal enforcement program in the state of Washington. “The defendants failed to take the necessary steps to verify that wastewater discharges from the production facility did not include pollutants above approved permit limits. Given this failure, it is appropriate that the company pay to improve Willapa Bay, one of the most pristine estuaries in the United States, and implement a compliance plan to help assure this type of criminal violation doesn’t happen again.”
According to the plea agreement the oyster processing company has a National Pollution Discharge Elimination System (NPDES) permit which requires monthly testing to ensure the wastewater discharged from the plant does not have harmful levels of pollutants such as fecal coliform. The water samples are to be taken from the discharge pipe with the lab analysis and data submitted to the Washington State Department of Ecology. At some point before 2012, WIEGARDT became aware that the general manager at the plant was not taking the samples from the discharge pipe because some of the equipment was not working properly. In 2012, WIEGARDT was informed by the general manager that the samples were being taken from the “bubbler,” a water and air based cleaning system. Sampling from this location is not representative of the facility’s waste stream and is not authorized by the facility’s NPDES permit. Indeed, sampling from the bubbler – the location where shucked oysters are cleaned – failed to account for the vast majority of wastewater components that were discharged from the facility during hours of operation.
After being notified about the improper sampling and reporting, WIEGARDT took no action for more than a year. On August 22, 2014 the company reported the violations of the NPDES permit to the Department of Ecology and has been working with environmental regulators on a remediation plan. Given the company’s practices, regulators were unable to assess whether the violations resulted in any environmental harm.
The case was investigated by the Environmental Protection Agency Criminal Investigation Division (EPA-CID) and is being prosecuted by Assistant United States Attorney James Oesterle and Special Assistant United States Attorney Karla Perrin.
Everett Man Convicted of Federal Drug and Firearms ChargesRead the Press Release
A convicted drug dealer, arrested with a stolen firearm, meth and heroin while on state probation, was found guilty by a federal jury following a week-long trial, announced U.S. Attorney Annette L. Hayes. SETH ISSAC MORGAN, 33, was convicted June 15, 2015 of possession of methamphetamine with intent to distribute, possession of heroin with intent to distribute, possession of a firearm during and in relation to drug trafficking, and felon in possession of a firearm. When sentenced by Chief U.S. District Judge Marsha J. Pechman on September 18, 2015, MORGAN faces a mandatory minimum of 15 years in prison.
“Drugs and guns are a dangerous combination, especially when it involves stolen firearms as it does in this case,” said U.S. Attorney Annette L. Hayes. “I commend the federal, state and local law enforcement agencies who worked together to develop the evidence that led to Mr. Morgan’s conviction.”
According to records filed in the case and testimony at trial, in November 2013, law enforcement in the Everett area received multiple reports regarding MORGAN’s alleged drug dealing and possible connection to stolen firearms. MORGAN was the subject of a Washington State Department of Corrections warrant for violating the terms of his probation. Law enforcement located MORGAN at a north Everett apartment. Surveillance revealed significant traffic to the apartment, an indication of possible drug dealing. On November 26, 2013, when MORGAN emerged from the apartment with a backpack, officers arrested him as he attempted to back out of a parking space. In the backpack MORGAN had methamphetamine, heroin and oxycodone packaged for distribution, cash and a Kahr, 9mm pistol which had been reported stolen. A search of MORGAN’s apartment turned up additional drug residue and drug ledgers.
MORGAN has seven prior felony convictions including: robbery (Snohomish County 2003); rape (Snohomish County 2003); attempted burglary (Washoe County, Nevada 2006); failure to register as a sex offender (Snohomish County 2008); criminal impersonation (Snohomish County 2009); possession of a controlled substance with intent to manufacture or deliver (Snohomish County 2010); unlawful possession of a firearm (Snohomish County 2010).
The firearm MORGAN possessed was one of 29 stolen in a burglary of the Marysville Fred Meyer store. Law enforcement received information that MORGAN purchased a number of stolen firearms that had been taken in the burglary. The man who stole the firearms was sentenced in April to ten years in prison. Others involved in selling the stolen firearms received prison sentences of 3-5 years in prison.
The lead investigative agency on the MORGAN prosecution was the Everett Police Department and Washington State Department of Corrections, with assistance from the Snohomish County Sheriff’s Office, Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), and the Snohomish County Prosecuting Attorney’s Office.
The case was prosecuted by Assistant United States Attorneys Kate Crisham and Special Assistant United States Attorney Benjamin Diggs.