District of Oregon

MEDFORD, Ore. - Federal law enforcement agents arrested Michael Oluwasegun Kazeem, 22, in Georgia based on an Oregon federal grand jury indictment unsealed today.  Kazeem, a resident of both Nigeria and Atlanta, Georgia, is charged with mail fraud, aggravated identity theft and conspiring to commit mail fraud with his brother, Emmanuel Oluwatosin Kazeem, 32, of Bowie, Maryland, and Oluwamuyiwa Abolad Olawoye, 29, of Marietta, Georgia.  

Michael Kazeem made an initial appearance in Georgia and will be arraigned in the District of Oregon at a date to be set by the Court.

The indictment alleges that, beginning at least as early as tax year 2012, Michael Kazeem, along with his brother and Olawoye and others, engaged in an identity theft conspiracy, in Oregon and elsewhere, involving a scheme to obtain millions of dollars in fraudulent tax refunds from the Internal Revenue Service.  The allegations of the indictment detail how Michael Kazeem and his co-conspirators carried out a complex fraudulent scheme involving the use of stolen personal identifying information (PII), falsified wage and withholding information, fraudulently generated electronic filing PINs, disposable email addresses to conceal the co-conspirators’ identities, and the receipt of fraudulent tax refunds through prepaid debit cards.  In addition, it describes for the first time allegations brought involving the unauthorized access into the IRS system to obtain taxpayer transcript information.  Specifically, Michael Kazeem and his co-conspirators used stolen PII for unauthorized online access to obtain over 1,200 taxpayer transcripts through the IRS “Get Transcript” application process, which was discontinued by the IRS in May 2015.  Both Emmanuel Kazeem and Olawoye were previously charged in the District of Oregon, along with Lateef Aina Animawun, 35, Oluwatobi Rueben Dehinbo, 30, and Oluwaseunara Temitope Osanyinbi, 35, with obtaining stolen personal identifying information of taxpayers and submitting false federal tax returns. 

“Pursuing those involved in identity theft remains one of our highest priorities,” said U.S. Attorney Billy J. Williams.  “Oregonians, as well as others, have been continually victimized by those who unlawfully obtain personal identifying information.  It is used to commit fraud, including tax refund fraud, inflicting chaos in the lives of innocent taxpayers long afterward.  The U.S. Attorney’s office will continue to pursue those involved in this type of illegal activity and they will be held fully accountable.” 

In total, Michael Kazeem and his co-conspirators are alleged to have unlawfully obtained the PII of over 250,000 taxpayers and filed over 2,900 false federal tax returns seeking over $25 million in fraudulent refunds.  Although the IRS rejected millions of dollars of fraudulently claimed refunds, the indictment alleges that the defendants successfully obtained $4.7 million in illegal refunds.

“The Federal Trade Commission reported recently that Oregon jumped to third in the nation for reported incidences of identity theft.  We know that tax refund fraud cases are a major contributor of the increase of reported identity theft,” stated Special Agent in Charge Teri Alexander of IRS Criminal Investigation.  “The arrest of Michael Kazeem is a firm indication of the determined efforts of IRS CI and the U.S. Attorney’s Office to reverse that trend here in Oregon and to provide some relief to the victims of this incredibly invasive crime.”

The indictment, which may be viewed here, charges Michael Kazeem with one count of conspiracy to commit mail fraud, seven counts of mail fraud and seven counts of aggravated identity theft.  The fraud and conspiracy charges are each punishable by up to 30 years in federal prison and a fine of up to $1 million.  If convicted of the aggravated identity theft charges, there is a mandatory minimum penalty of two years in federal prison for each count of conviction.  An indictment is only an allegation of a crime and a defendant is presumed innocent until proven guilty beyond a reasonable doubt.

This case results from a joint investigation by IRS-Criminal Investigation, the U.S. Department of Health and Human Services, Office of Inspector General, and the Federal Bureau of Investigation, with support provided by the Department of Treasury, Inspector General for Tax Administration, the United States Postal Inspection Service, the U.S. State Department, Homeland Security Investigations, Medford, Oregon, U.S. Citizenship Immigration Services, Atlanta, Georgia and the Atlanta Police Department.  This case is being prosecuted by District of Oregon Assistant U.S. Attorneys Byron Chatfield and Nancy Olson.

Taxpayers are reminded to be vigilant in the protection of their personal identifying information.  Anyone interested in more information on preventing or reporting suspected identity theft should review the Internal Revenue Service’s website at http://www.irs.gov/uac/Taxpayer-Guide-to-Identity-Theft.

PORTLAND, Ore. – Guadalupe Ortiz Carrillo, 33, a resident of Wood Village, Oregon, was sentenced by U.S. District Judge Marco A. Hernandez to 125 months in prison following his federal conviction for engaging in a conspiracy to distribute and possess methamphetamine and heroin.  When the defendant is released from prison, he is required to serve three years of supervised release. 

On July 17, 2014, the defendant was arrested after he arranged to have a runner deliver four pounds of methamphetamine to an undercover police officer.  The investigation revealed that the runner had been working for the defendant for a year and a half and was paid $500 a week to store and deliver methamphetamine and heroin at the behest of the defendant.  Officers subsequently searched the residences of the defendant and the runner and found an additional six pounds of methamphetamine, over three-quarters of a pound of heroin, $10,524 in cash, scales, and drug packaging materials.

On July 7, 2015, the defendant pled guilty to engaging in a conspiracy to distribute and possess with the intent to distribute methamphetamine and heroin.    

“Methamphetamine and heroin have been identified as two of the region’s most serious drug threats,” stated U.S. Attorney Billy J. Williams.  “This case is another example of our continued dedication to work with our federal and local law enforcement partners to hold significant drug dealers accountable for poisoning our community.” 

According to the Oregon High Intensity Drug Trafficking Area (HIDTA) Program:

Methamphetamine in the form of crystal methamphetamine, or “ice,” continues to be readily available and widely used throughout the Oregon HIDTA and represents the region’s most serious drug threat.  Methamphetamine is a highly addictive central nervous system stimulant that is abused for its euphoric and stimulant effects.  Chronic methamphetamine abusers exhibit violent behavior, confusion, insomnia and psychotic characteristics such as hallucinations and paranoia.  Methamphetamine-related crime, such as identity theft, abused and neglected children, and other serious person and property crimes, continues to occur at a palpable rate and is prevalent throughout the HIDTA region.

Oregon and Idaho law enforcement officers surveyed in 2015 indicated methamphetamine remains a significant threat due to its level of use and availability; nexus to other crimes such as violent activity and property crime; societal impact; and connection to drug trafficking organizations, primarily MNDTOs [multi-national drug trafficking organizations].  Of law enforcement agencies surveyed, 62 percent reported methamphetamine as the greatest Oregon HIDTA Program drug threat to their area, with the majority indicating methamphetamine as the drug that contributes most to violent crime (88%) and property crime (69%).  Furthermore, over 60 percent of officers ranked methamphetamine as the drug that serves as the primary funding source for major criminal activity.

Threat Assessment and Counter-Drug Strategy, Program Year 2016, Oregon HIDTA Program, at 12-13 (June 2015).

Heroin availability has increased in the Oregon HIDTA region since 2007, fueling a rise in the volume of heroin seized, number of new users and associated overdoses. Evaluation of recent indicators suggests that heroin availability and use has reached a critical level and represents a close second to methamphetamine as the region’s most serious drug threat.

Id. at 20.

This case was investigated by the Department of Homeland Security Investigations and the Portland Police Bureau’s Drugs and Vice Division.  The case was prosecuted by Assistant United States Attorney Scott Kerin.

PORTLAND, Ore – Billy J. Williams, United States Attorney for the District of Oregon, announced  that nine additional individuals have been charged by federal indictment and seven have been arrested today in relation to the occupation of the Malheur National Wildlife Refuge in Burns, Oregon.  The defendants, listed below are scheduled to make appearances in federal court, throughout six different states, today and tomorrow.  Two of the defendants remain at large.  Each defendant is charged in the indictment with one felony count of conspiracy to impede officers of the United States from discharging their official duties through the use of force, intimidation, or threats.

The indictment charges the defendants below:

Blaine Cooper, 36, of Humboldt, Arizona

Wesley Kjar, 32, of Utah

Corey Lequieu, 44, of Fallon, Nevada

Neil Wampler, 68, of Los Osos, California

Jason Charles Blomgren, 41, of Murphy, North Carolina

Darryl William Thorn, 31, of  Marysville, Washington

Eric Lee Flores, 22, of Tuallip Washington

All defendants are presumed innocent until proven guilty.  See the indictment attached. 

The case is being prosecuted by Assistant U.S. Attorneys Ethan Knight and Geoffrey Barrow.

WASHINGTON – Attorney General Loretta E. Lynch will travel to Portland in the coming months as part of her national Community Policing Tour.  In this phase, the Attorney General will visit six jurisdictions around the country that have excelled in each of the six pillars discussed in the President’s Task Force on 21st Century Policing final report: (1) Building Trust and Legitimacy; (2) Policy and Oversight; (3) Technology and Social Media; (4) Community Policing and Crime Reduction; (5) Officer Training and Education; and (6) Officer Safety and Wellness.  The Attorney General is kicking off her tour THURSDAY, FEBRUARY 11, and FRIDAY, FEBRUARY 12, in Miami-Dade County, Florida, to highlight Pillar 1—Building Trust and Legitimacy.  In addition to Miami-Dade County, Florida, and Portland, Attorney General Lynch will also visit Indianapolis, Indiana; Fayetteville, North Carolina; Phoenix, Arizona; and Los Angeles, California.  The stop in Portland will highlight Pillar 4—Community Policing and Crime Reduction.    

“One of my top priorities as Attorney General is strengthening relationships between law enforcement officers and the communities we serve and protect,” said Attorney General Loretta Lynch.  “During the second phase of my community policing tour, I will be highlighting some of the innovative efforts underway around the country to build trust, foster cooperation, and enhance public safety.  I look forward to meeting with law enforcement officers, local leaders, and residents in the weeks and months ahead to discuss how we can ensure that every American benefits from neighborhoods that are supportive, safe, and strong.”

We are honored to have the Attorney General visit as part of her national community policing tour,” said U.S. Attorney Billy J. Williams of the District of Oregon.  “Portland is making progress towards community trust building and enhancing public safety.  The city is not unique in experiencing some of the same challenges felt by other communities, including unaddressed mental health needs, racial and ethnic inequities, and gun violence.  These issues are being faced head-on with strong partnerships between police and community partners to develop collaborative solutions for stronger, safer, and healthier neighborhoods. We are pleased to highlight the good work done thus far, and will use the visit to further the goals of building community safety and constitutional policing.”

The Attorney General’s national Community Policing Tour builds on President Obama’s commitment to engage with law enforcement and other members of the community to implement key recommendations from the President’s Task Force on 21st Century Policing final report.  The first phase of the tour launched on May 19, 2015, in Cincinnati, Ohio, and also included visits to Birmingham, Alabama; Pittsburgh, Pennsylvania; East Haven, Connecticut; Seattle, Washington; and Richmond, California. 

Additional details may be found at:  http://justice.gov/ag/community-policing-tour

PORTLAND, Ore. – Charles W. Buller, 63, of Beavercreek, Oregon, has been charged by federal indictment with embezzling $95,550 from an employee retirement savings plan he controlled.  The indictment alleges that Buller was the President and sole owner of Park Place Wood Products, Inc., based in Oregon City, Oregon.  Park Place made high-end cabinetry for homes and businesses and in a typical year employed between 10 and 20 people.

Park Place maintained a retirement savings benefit plan for its employees and from July 2011 to December 2012, Buller, as the sole trustee of the plan, allegedly drew eight checks totaling $95,550 on the retirement plan account and converted the money to his own use.

“Employees of small businesses contribute to retirement plans relying on the money being there when they retire, and business owners have a special responsibility to maintain those plans solely for the benefit of their employees” said U.S. Attorney Billy J.  Williams.  “This office, in partnership with the Department of Labor, will vigorously investigate and prosecute business owners who take money out of their employees’ pockets in this manner.”

This case was investigated by the U. S. Department of Labor, Employee Benefits Security Administration.  The case is being handled by Assistant U. S. Attorney Seth D. Uram.

You can download the Indictment attached below.

Statement by Bill Williams

U.S. Attorney

District of Oregon

January 27, 2016

Good Morning. My name is Bill Williams, and I am the U.S. Attorney for Oregon.

I have been coming to Harney County on behalf of the US Attorney's Office for the last 15 years. I am keenly aware of the concerns that are important to this community. I have seen first-hand the passion that folks in this community have for the way of life that is so special. Clearly, this has been disrupted by this armed occupation.

The FBI, the Harney County Sheriff’s Office, OSP, Oregon Sheriff's Association, and numerous law enforcement agencies from around the state  have been working very hard to resolve this situation in a peaceful manner, to stop the threats to public safety, and to end the significant disruption this has caused to the people of this county.

We continue working towards resolution, and will do so with the primary goal of restoring normalcy to this community, and highlighting the already existing cooperative efforts of local and federal partners in addressing their own issues.

There are currently eight people in custody - - seven in Oregon and one in Arizona. They will all make an initial appearance before a federal magistrate today. At some time in the future, the defendant in Arizona will come to Oregon for future court proceedings.

As the FBI announced last night, these eight people were arrested for the federal felony offense of “conspiracy to impede officers of the United States from discharging their official duties through the use of force, intimidation, or threats.”

This is an ongoing investigation, and we will not be commenting on the case, instead we will let the publicly filed documents in the case speak for themselves.

In closing, I want to thank the federal, state, local, and tribal law enforcement officers and agents who are working very well together to support this community and this effort.

I also want to again thank the people of Harney County and the Burns Paiute Tribe for their patience…and their passion for returning this community to normalcy. 

We will continue working around the clock until this matter is appropriately resolved.

PORTLAND, Ore. – Billy J. Williams, United States Attorney for the District of Oregon, announced  that the individuals arrested overnight in the occupation of the Malheur National Wildlife Refuge in Burns, Oregon, appeared in court today for an initial appearance before Magistrate Judge Stacie F. Beckerman.  Each defendant is charged in a criminal complaint with one felony count of conspiracy to impede officers of the United States from discharging their official duties through the use of force, intimidation, or threats.  The defendants are Ammon Edward Bundy, 40, of Emmett, Idaho; Ryan C. Bundy, 43, of Bunkerville, Nevada; Brian Cavalier, 44, of Bunkerville, Nevada; Shawna Cox, 59, of Kanab, Utah; Ryan Waylen Payne, 32, of Anaconda, Montana; Joseph Donald O'Shaughnessy, 45, of Cottonwood, Arizona; and Peter Santilli, 50, of Cincinnati, Ohio.  Each defendant entered a plea of not guilty to the charge.

Judge Beckerman ordered all seven defendants to remain in federal custody pending a detention hearing on Friday, January 29th at 1:30 p.m.

An eighth person, Jon Eric Ritzheimer, 32, of Peoria, Arizona, self-surrendered to police on January 26, 2016, and appeared before a magistrate judge today in Phoenix, Arizona to face a felony charge of conspiracy to impede officers of the United States from discharging their official duties through the use of force, intimidation, or threats.  His detention hearing is scheduled for February 2, 2016 in Phoenix, Arizona.

All defendants are presumed innocent until proven guilty.  The criminal complaint and affidavit is attached below.

The case is being prosecuted by Assistant U.S. Attorneys Ethan Knight and Geoffrey Barrow.

bundy_et_al_redacted_complaint.pdf (2.83 MB)

EUGENE, Ore. – Miguel Angel Reyna-Ramos, 37, pled guilty today in U. S. District Court to possession with intent to distribute 50 grams or more of a mixture and substance containing methamphetamine.  The defendant is facing a maximum sentence of 40 years in prison and a mandatory minimum sentence of five years.

A stipulation filed with the court states that on May 29, 2015, an Oregon State Police (OSP) trooper stopped a car driven by Reyna near milepost 35 on Interstate Highway 5.  Reyna did not possess a driver’s license but produced an expired Oregon ID Card which the trooper could not authenticate.  The car Reyna was driving was not registered to him and Reyna declined consent to search the car, so the OSP trooper deployed a narcotics detection dog.  The dog alerted to four pounds of heroin and nineteen pounds of methamphetamine in the luggage compartment of the vehicle.  Reyna was arrested and the car was impounded.   

The defendant remains in federal custody pending a sentencing hearing on May 5, 2016, before U. S. District Judge Michael McShane.

This case was investigated by the Oregon State Police and the DEA.  Assistant U.S. Attorney William “Bud” Fitzgerald is prosecuting the case.

PORTLAND, Ore. – On Tuesday, January 5, 2015, U.S. District Court Chief Judge Ann Aiken sentenced Gary L. Ford, 55, of Bend, Oregon, today to 18 months in prison for filing false tax returns in 2007, 2008, and 2009.  Judge Aiken also sentenced Ford to serve one year of supervised release and ordered him to pay $580,454 in restitution, representing the amount Ford failed to report to the IRS. 

According to court documents, since 1992 Gary Ford has been the sole proprietor of Summit Plumbing in Bend, Oregon, specializing in new residential construction in Central Oregon. Ford’s company routinely undercut competitor’s bids.  This imbalance in the marketplace greatly benefitted Ford’s business.  In 2007, on a loan application for a new $1.2 million vacation home in the PGA West golf club and resort in La Quinta, CA, Ford claimed he earned $26,500 per month.  Ford’s spending habits supported this claim.  In 2009 alone, he spent more than $900,000 on personal expenses, $355,000 on real estate, and $280,000 on other investments.  These were Ford’s personal expenses in excess of his business expenses.

Meanwhile, Ford filed tax returns claiming he lived at or below the poverty line, even going so far as to claim refunds for the years in question.  In reality, between 2006 and 2009, Ford failed to report almost $1.7 million in income and to pay more than $580,000 in federal income taxes.  In fact, in most years, Ford paid more in interest on his three properties than he claimed as income.  Ford evaded his full tax obligation by simply failing to include as income monies received from customers who did not issue him a Form 1099.  In other words, the only income Ford reported was the payments that his customers independently reported to the IRS.

“Mr. Ford’s case is an example of what happens when someone selfishly puts their own unfettered wants above the common good and the law,” stated Special Agent in Charge Teri Alexander of IRS Criminal Investigation.  “Mr. Ford accumulated properties and spent lavishly while utterly shirking his civic duty to pay an honest tax.  Not only that, but he left many competitors in the lurch as he undercut their bids due to the simple fact that knowing he would not be paying his taxes allowed him to recklessly offer lower bids.  That’s not fair, that’s not just, and IRS CI will always fight to ensure everyone on the playing field is playing by the same rules.”

This case was investigated by Internal Revenue Service-Criminal Investigations.  It was prosecuted by Assistant U.S. Attorney Scott E. Bradford.

WASHINGTON – In a Dec. 29, 2015, order, the U.S. District Court for the District of Oregon approved a settlement agreement between the Justice Department, a class of private plaintiffs and the state of Oregon, which resolved the department’s and the class plaintiffs’ claims against the state under the Americans with Disabilities Act (ADA).  The agreement will impact approximately 7,000 Oregonians with intellectual and developmental disabilities (I/DD) who can and want to work in typical employment settings in the community.  The private plaintiffs were represented by the Center for Public Representation, Disability Rights Oregon and the law firms of Miller Nash Graham & Dunn LLP and Perkins Coie LLP.  The agreement resolves a class action lawsuit by private plaintiffs in which the department intervened.  The parties’ settlement agreement was approved by U.S. Magistrate Judge Janice Stewart of the District of Oregon, who presided over the lawsuit. 

In the department’s lawsuit, it alleged that Oregon’s employment services system unnecessarily placed people with I/DD in, or at risk of entering, sheltered workshops instead of in integrated jobs in the community, in violation of the ADA.  As interpreted by the Supreme Court’s landmark decision in Olmstead v. L.C., the ADA affords individuals with disabilities the right to receive services in the most integrated setting appropriate to their needs.  Sheltered workshops are segregated facilities that exclusively or primarily employ people with disabilities.  They are usually large, institutional facilities in which people with disabilities have little or no contact with non-disabled persons besides paid staff.  People with I/DD in sheltered workshops typically earn wages that are well below minimum wage, sometimes pennies per hour.  By contrast, supported employment services assist people with I/DD to prepare for, gain and succeed in integrated employment at competitive wages.  Approximately 450,000 people with I/DD across the country spend their days in segregated sheltered workshops and facility-based day programs.  Approximately 1,900 Oregonians with disabilities currently receive services in sheltered workshops.  Since the initiation of the lawsuit, approximately 3,900 Oregonians with disabilities have received services in sheltered workshops, and historically hundreds of students have transitioned each year from Oregon public schools directly into sheltered workshops.

The agreement calls for 1,115 people in sheltered workshops to receive jobs in the community at competitive wages over the next seven years.  In addition, 7,000 people will receive employment services that will afford them the opportunity to work in the community, including at least 4,900 youth ages 14 to 24 years old, who are exiting school.  At least half of the youth served will receive an Individual Plan of Employment, which sets forth the services and supports necessary to achieve competitive employment, from Oregon’s vocational rehabilitation system.

The settlement resolves the first class action lawsuit in the nation to challenge a state funded and administered employment service system, including sheltered workshops, as a violation of the ADA’s integration mandate.  The class action, Lane v. Kitzhaber (since renamed Lane v. Brown), was filed in January 2012 by eight named individuals and United Cerebral Palsy of Oregon and Southwest Washington, on behalf of themselves and other individuals with I/DD who are in Oregon sheltered workshops or have been referred to sheltered workshops.  In March 2013, the Department of Justice moved to intervene in the lawsuit, seeking to vindicate the rights of thousands of individuals with I/DD across Oregon.  The department’s claims included that Oregon violated the ADA by unnecessarily segregating adults with I/DD in sheltered workshops and by placing Oregon youth with I/DD at unnecessary risk of segregation in sheltered workshops. 

“Work is fundamental to contributing to and being fully included in the community,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division.  “People with disabilities deserve opportunities to work alongside their friends, peers and neighbors without disabilities and to earn fair wages, access equal opportunities for advancement and to achieve social and economic independence.  We are pleased that the state of Oregon has fully embraced integrated employment services for people with disabilities, and we look forward to seeing the ways in which thousands of Oregonians with intellectual and developmental disabilities will contribute, grow and advance in typical workplaces throughout the state.”

“Individuals with intellectual and developmental disabilities are valuable members of our community,” said U.S. Attorney Billy J. Williams of the District of Oregon.  “They contribute to our workforce, our diversity, and they enrich our environment.  We have an obligation to remove barriers to their full participation in society.  The final approval of the settlement agreement by the court is a great step toward ensuring that sheltered workshops in Oregon will no longer be used to unnecessarily segregate the intellectually and developmentally disabled.”  

The Civil Rights Division enforces the ADA, which authorizes the Attorney General to investigate whether a state is serving individuals in the most integrated settings appropriate to his or her needs.  Please visit www.ada.gov/olmstead to learn more about the division’s ADA Olmstead enforcement efforts and www.justice.gov/crt to learn more about the other laws enforced by the Civil Rights Division.

In a Dec. 29, 2015, order, the U.S. District Court for the District of Oregon approved a settlement agreement between the Justice Department, a class of private plaintiffs and the state of Oregon, which resolved the department’s and the class plaintiffs’ claims against the state under the Americans with Disabilities Act (ADA).  The agreement will impact approximately 7,000 Oregonians with intellectual and developmental disabilities (I/DD) who can and want to work in typical employment settings in the community.  The private plaintiffs were represented by the Center for Public Representation, Disability Rights Oregon and the law firms of Miller Nash Graham & Dunn LLP and Perkins Coie LLP.  The agreement resolves a class action lawsuit by private plaintiffs in which the department intervened.  The parties’ settlement agreement was approved by U.S. Magistrate Judge Janice Stewart of the District of Oregon, who presided over the lawsuit. 

In the department’s lawsuit, it alleged that Oregon’s employment services system unnecessarily placed people with I/DD in, or at risk of entering, sheltered workshops instead of in integrated jobs in the community, in violation of the ADA.  As interpreted by the Supreme Court’s landmark decision in Olmstead v. L.C., the ADA affords individuals with disabilities the right to receive services in the most integrated setting appropriate to their needs.  Sheltered workshops are segregated facilities that exclusively or primarily employ people with disabilities.  They are usually large, institutional facilities in which people with disabilities have little or no contact with non-disabled persons besides paid staff.  People with I/DD in sheltered workshops typically earn wages that are well below minimum wage, sometimes pennies per hour.  By contrast, supported employment services assist people with I/DD to prepare for, gain and succeed in integrated employment at competitive wages.  Approximately 450,000 people with I/DD across the country spend their days in segregated sheltered workshops and facility-based day programs.  Approximately 1,900 Oregonians with disabilities currently receive services in sheltered workshops.  Since the initiation of the lawsuit, approximately 3,900 Oregonians with disabilities have received services in sheltered workshops, and historically hundreds of students have transitioned each year from Oregon public schools directly into sheltered workshops.

The agreement calls for 1,115 people in sheltered workshops to receive jobs in the community at competitive wages over the next seven years.  In addition, 7,000 people will receive employment services that will afford them the opportunity to work in the community, including at least 4,900 youth ages 14 to 24 years old, who are exiting school.  At least half of the youth served will receive an Individual Plan of Employment, which sets forth the services and supports necessary to achieve competitive employment, from Oregon’s vocational rehabilitation system.

The settlement resolves the first class action lawsuit in the nation to challenge a state funded and administered employment service system, including sheltered workshops, as a violation of the ADA’s integration mandate.  The class action, Lane v. Kitzhaber (since renamed Lane v. Brown), was filed in January 2012 by eight named individuals and United Cerebral Palsy of Oregon and Southwest Washington, on behalf of themselves and other individuals with I/DD who are in Oregon sheltered workshops or have been referred to sheltered workshops.  In March 2013, the Department of Justice moved to intervene in the lawsuit, seeking to vindicate the rights of thousands of individuals with I/DD across Oregon.  The department’s claims included that Oregon violated the ADA by unnecessarily segregating adults with I/DD in sheltered workshops and by placing Oregon youth with I/DD at unnecessary risk of segregation in sheltered workshops. 

“Work is fundamental to contributing to and being fully included in the community,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division.  “People with disabilities deserve opportunities to work alongside their friends, peers and neighbors without disabilities and to earn fair wages, access equal opportunities for advancement and to achieve social and economic independence.  We are pleased that the state of Oregon has fully embraced integrated employment services for people with disabilities, and we look forward to seeing the ways in which thousands of Oregonians with intellectual and developmental disabilities will contribute, grow and advance in typical workplaces throughout the state.”

“Individuals with intellectual and developmental disabilities are valuable members of our community,” said U.S. Attorney Billy J. Williams of the District of Oregon.  “They contribute to our workforce, our diversity, and they enrich our environment.  We have an obligation to remove barriers to their full participation in society.  The final approval of the settlement agreement by the court is a great step toward ensuring that sheltered workshops in Oregon will no longer be used to unnecessarily segregate the intellectually and developmentally disabled.”  

The Civil Rights Division enforces the ADA, which authorizes the Attorney General to investigate whether a state is serving individuals in the most integrated settings appropriate to his or her needs.  Please visit www.ada.gov/olmstead to learn more about the division’s ADA Olmstead enforcement efforts and www.justice.gov/crt to learn more about the other laws enforced by the Civil Rights Division.

Oregon Settlement Agreement

PORTLAND, Ore. – Attorney General Loretta Lynch appointed  Billy J. Williams as United States Attorney for the District of Oregon, effective on December 12, 2015.  U.S. Attorney Williams will serve in an interim capacity pursuant to the Attorney General's authority to appoint under 28 U.S.C. Section 546.

Billy Williams has served as the Acting United States Attorney, for the District of Oregon since May of 2015.  He has been with the U.S. Attorney’s Office since October of 2000.  Prior to his role as Acting United States Attorney, he served as the First Assistant, Chief of the Criminal Division, Chief of the Violent Crimes Unit, and as the Indian Country AUSA/Tribal Liaison.

Prior to his federal service, Williams served as a Sr. Deputy District Attorney in Multnomah County, where he supervised the Career Criminal Unit, and over his career prosecuted major crimes of violence, including aggravated murder, adult and child sex offenses, domestic violence, narcotics trafficking, vehicular homicide crimes, as well as investigations of officer-involved shootings. 

Williams received his law degree in 1989 at the Willamette University College of Law.

WASHINGTON – The U.S. Departments of Justice, Homeland Security and Labor announced today the selection of six new Anti-Trafficking Coordination Teams.  These teams will lead Phase II of the ACTeam Initiative, an interagency effort to streamline federal criminal investigations and prosecutions of human trafficking offenses.

The six new ACTeams will be based in Cleveland; Minneapolis; Newark, New Jersey; Portland, Maine; Portland, Oregon; and Sacramento, California.  Each team will serve under the leadership of the local U.S. Attorney and the highest-ranking federal investigative agents in the regional field offices of the FBI, U.S. Immigration and Customs Enforcement (ICE) and Department of Labor. 

“Human trafficking robs victims of their liberty, exploits them for labor and for sex, and infringes not only on their rights, but on their essential humanity,” said Attorney General Loretta Lynch.  “Through the ACTeam Initiative, we are harnessing resources across the federal government to ensure that our multi-agency fight against human trafficking is as comprehensive and effective as possible.  In the days and months ahead, the Department of Justice will continue to work alongside our federal partners to prosecute wrongdoing, support survivors, and bring this devastating crime to an end.”

"The Anti-Trafficking Coordination Team (ACTeam) Initiative is an important tool in our collective ability to combat sex trafficking, forced labor and domestic servitude here in the United States,” said Secretary Jeh C. Johnson of Homeland Security.  “It highlights our commitment to increase capacity to rescue victims and bring perpetrators of these terrible crimes to justice.  Our collective efforts are amplified when we work together in furtherance of shared missions like this.  And, through DHS’s Blue Campaign, we will remain focused on ending human trafficking in the United States.”

“A trafficking victim shouldn’t have to spend time trying to determine whether they have a Department of Labor issue or a Department of Justice issue,” said Secretary Thomas Perez of the Department of Labor.  “Their basic rights are being violated, and we can accomplish so much more to redress those crimes when we work together.  The Anti-Trafficking Coordination Team Initiative, by bringing our respective departments’ collective resources and expertise to bear, is helping us build a whole even greater than the sum of our individual parts.”

“Human trafficking is a modern day form of slavery that destroys lives and exploits the most vulnerable in our society,” said Director James B. Comey of the FBI.  “These Anti-Trafficking Coordination Teams are the most effective way to investigate human trafficking by allowing us to work in a collaborative, victim-oriented manner.”

The new teams were selected by unanimous consensus of the Federal Enforcement Working Group after a rigorous, competitive and nationwide selection process.  The group includes subject matter experts from the Department of Justice (including the Civil Rights Division’s Human Trafficking Prosecution Unit, the Executive Office of U.S. Attorneys and the FBI’s Civil Rights Unit); the Department of Homeland Security (including ICE and Homeland Security Investigations’ Human Smuggling and Trafficking Unit); and the Department of Labor (including the Office of the Inspector General and the Wage and Hour Division).

The new ACTeams will collaborate with the human-trafficking subject matter experts in the Federal Enforcement Working Group to implement a strategic action plan in their respective districts.  Over the next two years, teams are expected to develop high-impact federal investigations and prosecutions, dismantle human-trafficking networks, vindicate the rights of human-trafficking victims and bring traffickers to justice.

“We are honored that the District of Oregon has been selected as an ACTeam,” said United States Attorney Billy J. Williams.  “We have a fantastic team of agents and prosecutors who are dedicated to identifying and fighting human trafficking in all forms.  We have been working closely with our partners at the FBI, HSI/ICE, the Department of Labor, and the Civil Rights Division at DOJ, with positive results, and are excited to enhance our ability to rescue victims and prosecute traffickers through this intensive and collaborative national initiative.”

“We believe that human trafficking is a form of modern day slavery that – rightly – demands our attention,” said Greg Bretzing, Special Agent in Charge of the FBI in Oregon. “That we were chosen to receive one of the Anti-Trafficking Coordination teams is testament to the fact that we have both a significant need and established partnerships already in place to take on this challenge.  The victims deserve nothing less.”

“Trafficking victims need all of us in law enforcement to hear their cries for help,” said Brad Bench, Special Agent in Charge for Homeland Security Investigations (HSI) in Seattle.  “No one should be forced to live in a world of fear, isolation and servitude --particularly in our country, which prides itself on its freedoms.  Our collective team efforts will enable us to rescue more victims and ensure the perpetrators of these crimes are brought to justice.” 

Launched in 2011 by the Attorney General and Secretaries of Labor and Homeland Security, the ACTeam Initiative established six Phase I ACTeams in Atlanta; El Paso, Texas; Kansas City, Missouri; Los Angeles; Memphis, Tennessee; and Miami.  In these ACTeam districts, prosecutions of forced labor, international sex trafficking and adult sex trafficking rose even more markedly than they did nationally.  For instance, the number of defendants convicted rose 86 percent in ACTeam districts, compared to 14 percent in non-ACTeam districts, and 26 percent nationwide.  Based on this demonstrated record of success, Attorney General Lynch, Labor Secretary Perez and Homeland Security Secretary Johnson launched Phase II of the ACTeam Initiative earlier this year.  The fight against human trafficking remains a top priority for the three officials and they have committed to collaborating with other governmental and non-governmental partners to continue to enhance their anti-trafficking efforts.

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EUGENE, Ore. – Billy J. Williams, Acting U.S. Attorney for the District of Oregon, announced that a Coos County couple was sentenced yesterday to federal prison for tax crimes they were convicted of in October 2014.

Ronald Joling, 72, and Dorothea Joling, 73, both of Coquille, Oregon, were found guilty of conspiracy to defraud the United States by obstructing the Internal Revenue Service (IRS) in its attempt to collect a substantial tax debt owed by the Jolings.  Ronald Joling was additionally convicted of tax evasion and filing false income tax returns.

Evidence at trial detailed the Jolings’ illegal efforts over close to twenty years to keep the IRS and the Oregon Department of Revenue from collecting almost $2 million they owed in back taxes, penalties and interest.  The Jolings’ efforts to thwart the IRS included their use of sham trusts, a corporation sole, bank accounts in the names of nominees, a warehouse bank, bogus money orders, bills of exchange, bonds, and filing false tax returns with the IRS.  When those efforts failed, the Jolings resorted to intimidation tactics and threats.  Witnesses testified at trial that in response to attempts to collect taxes owed, the Jolings threatened them with arrest, criminal prosecution and lawsuits.  In one instance, the Jolings took out a newspaper advertisement in the Coquille Valley Sentinel accusing a local government employee of malfeasance just for performing her job.  The Jolings also filed retaliatory bogus liens against federal judges, the federal court clerk’s office, and federal prosecutors who were involved in the criminal case. A federal grand jury has indicted the Jolings for filing these liens and that separate criminal case is pending.

Rather than pay their taxes, the Jolings spent about $750,000 on a motel and restaurant in Coquille and tracts of land in Linn County.  They attempted to conceal their interest in these properties from the IRS by placing them in sham trusts.

After the Jolings were convicted at trial in October 2014, Chief U. S. Judge Ann Aiken ordered them to return to court in April 2015 for sentencing. The Jolings refused and instead fled Oregon. Arrest warrants were issued, and in October 2015 the United States Marshals Service located and apprehended the Jolings in Clarkdale, Arizona.

At yesterday’s hearing Judge Aiken ordered Ronald Joling to serve 97 months and Dorothea Joling to serve 48 months in prison.  Each defendant must also pay more than $1.2 million to the IRS in outstanding federal taxes.

Acting U.S. Attorney Williams noted, “This is an egregious case.  Not only did the Jolings refuse to pay their fair share of taxes like the rest of us, they retaliated against federal employees who were just doing their jobs.  After a jury convicted them at trial, they cowardly refused to show up for sentencing and fled the state.  They were fugitives for six months, requiring additional resources to locate and arrest them in Arizona.  They are now in custody and will serve their appropriately lengthy sentences.”

This case was investigated by the IRS, Criminal Investigation, with assistance from the U.S. Marshal’s Service.  It was prosecuted by Assistant U.S. Attorneys Scott E. Bradford and Chris Cardani.

As the Acting United States Attorney for the District of Oregon, I write to the citizens of Harney County to address ongoing attempts by outside individuals and organizations that are making statements and using social media to express views which are clearly contrary to what occurred publicly in an open courtroom.  I understand that there are some individuals and organizations who object to the Hammonds returning to prison to serve the remainder of their sentences mandated by statute.  I respect their right to peacefully disagree with the prison terms imposed.  However, any criminal behavior contemplated by those who may object to the court's mandate that harms someone will not be tolerated and will result in serious consequences.  The following is a summary of the facts in United States v. Dwight and Steven Hammond, including the actions and positions taken by this office throughout the course of the case.  

Five years ago, a federal grand jury charged Dwight and Steven Hammond with committing arson on public lands, and endangering firefighters.  The charges came after the Hammonds rejected an offer to settle the case by pleading guilty to lesser charges and sentences.    

Three years ago, after a two-week trial in Pendleton, Oregon, a jury found 70-year old Dwight and his son, 43-year old Steven Hammond, guilty of committing arson on public lands in 2001.  Steven Hammond was also found guilty of committing a second arson in 2006.  They were found not guilty of other arson charges, and while the jury was deliberating on the remaining charges, the Hammonds negotiated for the dismissal of those charges and a promise from the U.S. Attorney to recommend the minimum sentence mandated by law.   The Hammonds assured the trial judge that they knew the law required they serve no less than five years in prison.  The U.S. Attorney also agreed they should remain free until sentencing.   

The Hammonds had long ranched private and public lands in Eastern Oregon.  Although they leased public lands for grazing, they were not permitted to burn the lands without prior authorization from the BLM.  In 1999, a BLM employee reminded Steven Hammond of this after he started a fire that escaped onto public land.

At trial, jurors heard from a hunting guide, a hunter and the hunter’s father, who saw the Hammonds illegally, slaughter a herd of deer on public land.  At least seven deer were shot with others limping or running from the scene. Less than two hours later, the hunting guide and the hunter and his father, were forced to abandon their campsite because a fire was burning in the area where the deer had been shot.  The hunting guide’s testimony and photographs established fires were burning hours before Steven Hammond called the BLM and said he was going to do a burn of invasive species in the area.   

A teenage relative, who was with the Hammonds in 2001 when those fires were set, told the jury that he was handed a box of “Strike Anywhere” matches, and Steven Hammond told him to drop lit matches on the ground so as to “light up the whole country on fire.”   He did as instructed and the resulting eight to ten foot flames spread quickly. Fearing for his life he was forced to take shelter in a creek.  The jury heard evidence that once back at the ranch, Dwight and Steven told him to “keep his mouth shut,” and that “nobody needed to know about the fire.”  The fires destroyed evidence of the deer slaughter and took 139 acres of public land out of public use for two years.      

The evidence at trial convinced the jury beyond a reasonable doubt that the Hammonds were guilty of the federal crime of arson; that is, maliciously damaging United States property by fire.  The jury was neither asked if the Hammonds were terrorists, nor were defendants ever charged with or accused of terrorism.  Suggesting otherwise is simply flat-out wrong.

The jury also found Steven Hammond guilty of committing a second arson in 2006.   That summer, BLM firefighters were battling several significant fires caused by lightning strikes.  The Harney County Fire Marshal imposed a burn ban and a “red flag” warning was in effect.  Despite the burn ban, and knowing that firefighters were in the area, Steven Hammond set fires at night without notifying anyone.  He did so to save his winter feed.  After seeing the fires, the firefighters moved to a safer location.  When confronted by a firefighter the next day, Steven Hammond admitted setting the fires, and made no apology for doing so. 

The crimes that the jury found the Hammonds committed carried five-year congressionally-mandated minimum sentences. In October 2012, U.S. District Court Judge Michael R. Hogan imposed sentences below what the law required.  The U.S. Attorney's Office appealed the sentences imposed by Judge Hogan because they were not the sentences mandated by Congress for the crimes committed. The Ninth Circuit Court of Appeals agreed, and reversed the Hammonds’ sentences. The cases were sent back to the District Court with the directive that the statute’s mandate be followed. The Supreme Court upheld the Ninth Circuit’s decision, and in October 2015, Chief Judge Ann Aiken imposed the five-year prison terms. The U.S. Attorney agreed to allow the Hammonds to self-surrender after the holidays. 

Much has been said and written by persons who were not in the Pendleton courtroom during the trial or in Eugene during the sentencing hearings.  Much of it is inaccurate.  For example, the federal prosecutor has never called the Hammonds terrorists, an allegation made by some of the Hammonds’ supporters.  As Acting U.S. Attorney, I do not consider them to be terrorists.  At the sentencing hearings, the federal prosecutor described the Hammonds’ contributions to their community and urged the court not to impose the higher sentences recommended by the U.S. Probation office.  The prosecutor also assured the court that the sentences mandated by Congress were neither cruel nor unusual given the seriousness of the crimes and the safety threat posed to the hunters (in 2001) and the firefighters (in 2006).  The Hammonds received a fair trial, they were found guilty in Pendleton, Oregon, by a jury of their peers, and they ultimately received lawful sentences mandated by Congress.

As Americans, we have the privilege of being served by the finest judicial system in the world.  Despite suggestions to the contrary, what took place during this case was a process that followed the time-honored fundamental principles of the rule of law— from the investigation, negotiations, a public trial with the presentation of lawfully admitted evidence, the jury's findings, judicial findings, appellate rulings, to the final imposition of sentence.  We stand by the ultimate resolution of this case.

PORTLAND, Ore. - Acting U.S. Attorney Billy J. Williams announced today that the District of Oregon collected $8,495,950.20 in criminal and civil actions in Fiscal Year 2015. This includes work that Oregon conducted with other U.S. Attorney’s Offices and components of the Department of Justice to collect $2,401,688.23 in cases pursued jointly with these offices.  

Attorney General Loretta E. Lynch announced on December 3, 2015, that the Justice Department collected $23.1 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2015.   The more than $23.1 billion in collections in FY 2015 represents more than seven and a half times the approximately $2.93 billion of the Justice Department’s combined appropriations for the 94 U.S. Attorneys’ offices and the main litigating divisions in that same period.  

“The Department of Justice is committed to upholding the rule of law, safeguarding taxpayer resources and protecting the American people from exploitation and abuse,” said Attorney General Lynch.  “The collections we are announcing today demonstrate not only the strength of that commitment, but also the significant return on public investment that our actions deliver.  I want to thank the prosecutors and trial attorneys who made this achievement possible, and to reiterate our dedication to this ongoing work.”

“The work done by the Asset Recovery and Money Laundering Division of the Oregon U.S. Attorney’s Office is critically important to the mission of the Department of Justice,” said Acting U.S. Attorney Billy Williams.  “It handles thousands of cases annually, and through persistent investigations uncovers leads to hidden assets, successfully garnishes wages, and works out payment plans with cooperative civil and criminal debtors.  This dedication results in the collection of millions of dollars for crime victims and protects scarce taxpayer resources each year.”

One of the larger recoveries in the District of Oregon last year was in United States v. Rachel Lee, a “sweetheart swindle” case in which a family of swindlers executed a complex, decade-long $15.5 million fraud and money laundering scheme against a vulnerable timber heir.  After gaining his confidence (and access to his financial accounts), the defendants callously spent the victim’s assets on a luxury lifestyle.  Over $1.9 million was recovered for the victim during the last fiscal year, and rigorous recovery efforts in the case continue. 

Another large recovery came in United States v. Schrader, a case in which the defendant, a senior vice president at his company, submitted over $1.4 million in fraudulent expense reports to his accounting department.  To date, over $701,000 has been recovered for the victim, largely from the sale of rental properties the defendant owned.  This recovery came despite the defendant’s attempts to thwart the government’s ability to sell and distribute certain property proceeds to his victim.  The day after defendant’s sentencing, his attorneys contacted prosecutors to inform them that one of the properties was owned equally by the defendant and an associate, and to request that only fifty percent of the sale proceeds be applied to the defendant’s restitution obligation.  After confirming that the defendant’s associate was not listed in county property records, prosecutors refused the request, and later learned from the defendant’s associate that the defendant had approached him just days earlier to ask him to sign and backdate an “ownership contract.”  The U.S. Attorney’s Office was ultimately able to return the full proceeds from the sale of the property to the defendant’s victim.

The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the United States and criminal debts owed to federal crime victims.  The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss.  While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.

The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals or corporations for violations of federal health, safety, civil rights or environmental laws.  In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.

Additionally, the U.S. Attorney’s office in the District of Oregon, working with partner agencies and divisions, collected $3,012,629.00 in asset forfeiture actions in FY 2015.  Forfeited assets deposited into the Department of Justice Asset Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.  During FY 2015, $2,492,997.63 was returned to victims through the Asset Forfeiture Fund.

PORTLAND, Ore. – Two Malaysian nationals have been arrested on federal wildlife smuggling charges after they allegedly used mail parcels to illegally smuggle orangutan skulls and parts of other protected wildlife into the United States.

Eoin Ling Churn Yeng, 35, and Galvin Yeo Siang Ann, 33, both Malaysian citizens, were arrested without incident, on Friday afternoon, December 4, by special agents with the U.S. Fish and Wildlife Service and National Oceanic and Atmospheric Administration.  Ling and Yeo were arrested soon after arriving in Portland to meet with an associate.

Ling and Yeo are charged in a criminal complaint that alleges multiple counts of illegally importing wildlife into the United States, an offense that carries a statutory maximum penalty of 20 years in federal prison and a $250,000 fine.

According to the criminal complaint, the investigation into Ling and Yeo began in 2013, when a routine search of an international package revealed a helmeted hornbill mandible that was being shipped to a residence in Forest Grove, Oregon.  Helmeted hornbills are listed as endangered under the Endangered Species Act (ESA) and protected by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

U.S. Fish and Wildlife agents initiated an undercover operation named “Operation Pongo,” which was inspired by the orangutan’s genus Pongo.  The investigation revealed that Ling and Yeo were co-owners of an online business that regularly smuggled endangered wildlife into the United States from 2004 to 2015.  The criminal complaint states that U.S. Fish and Wildlife reviewed records that indicate Ling and Yeo have sold wildlife items to multiple individuals and businesses in the United States. Undercover U.S. Fish and Wildlife agents communicated with Ling and Yeo and purchased three orangutan skulls, four helmeted hornbill skulls, one CITES-protected rhino hornbill head, one ESA-protected babirusa (wild pig) skull, one CITES-protected langur skull, and one ESA-protected dugong (marine mammal) rib. 

Ling and Yeo are expected to make their initial court appearance in U.S. Magistrate Court today at 1:30 p.m.

A criminal complaint contains allegations that a defendant has committed a crime.  Every defendant is presumed to be innocent until and unless proven guilty in court.

Operation Pongo was conducted by the U.S. Fish and Wildlife Service, which received assistance from the Office of International Affairs, Environmental Crimes Section of the Environment and Natural Resources Division, U.S. State Department, FBI Legal Attaché in Kuala Lumpur, National Oceanic and Atmospheric Administration, Bureau of Land Management, and the Multnomah County Sheriff’s Office.  The case is being prosecuted by Assistant United States Attorney Ryan W. Bounds.

PORTLAND, Ore. – Acting U.S. Attorney Billy J. Williams announced today that Suzanne Hayden will join the U.S. Attorney’s Office for the District of Oregon in January, with the responsibility of implementing components of the District’s Smart on Crime Action Plan.  The Smart on Crime Initiative is a nationwide effort created by the Department of Justice that directs federal prosecutors to focus on the most serious cases implicating substantial federal interests, while at the same time improving efforts to engage the community and to assist the recently incarcerated through supervised reentry programs.  Hayden brings extensive community engagement and public safety experience to the position from her years as a Deputy District Attorney with Multnomah County, and most recently, as Executive Director of the Citizens Crime Commission. She has been a part of the Oregon statewide Justice Reinvestment effort, working with public safety leaders and community members to achieve improved public safety outcomes.

“In this time of limited resources, we are pursuing efforts to work ever smarter to make our communities safe, using data and research to make more informed decisions and strengthening our relationships with our law enforcement partners and the communities we serve,” said Mr. Williams.  “With a renewed focus on reducing the disparate impacts of the criminal justice system, we will strengthen protections for vulnerable populations through enhanced prevention, strategic and targeted enforcement and reentry efforts.”

EUGENE, Ore. – On Thursday, November 19, 2015 Mitchell Wayne Brolin, 42, of Linn County, Oregon, appeared before U. S. District Judge Michael McShane and was sentenced to 10 years in prison for being a felon in possession of a revolver he stole during the commission of a burglary.

On February 25, 2013, Brolin and two accomplices were burglarizing a home in Lebanon, Oregon, when a neighbor accosted and grabbed Brolin, who was carrying a loaded revolver he had just stolen.   Brolin dragged the neighbor across the yard before shaking him loose and jumping into his accomplices’ van.  Several other firearms were also stolen from the home.   

In September 2015, Brolin pled guilty to being a felon in possession of a stolen firearm.  Brolin’s criminal history includes convictions for delivering methamphetamine, felony assault and coercion.  Brolin’s sentence was part of a global plea agreement with the U. S. Attorney’s Office and the Linn County District Attorney’s Office. 

This case was investigated by the U.S. Bureau of Alcohol, Tobacco and Firearms, the Linn County Sheriff’s Office and the Albany Police Department.  The case was prosecuted by Assistant United States Attorney Frank R. Papagni, Jr. with the assistance of Deputy District Attorneys Jonathan Crow and Michael Wynhausen.

PORTLAND, Ore. – The former owner of a local auto business was sentenced yesterday to 51 months in prison for a scheme that defrauded two insurance companies and netted her $200,000.  Lisa Ephrem, 40, of Happy Valley, pleaded guilty in February to mail fraud and aggravated identity theft.

Beginning in 2011, Ephrem obtained group life insurance policies for fictitious employees of her wholesale automobile business, Carr City, located in Portland, Oregon.  Ephrem provided false information to the insurance company victims – Standard Insurance Company and LifeMap Assurance Company – claiming that certain people were employees, when in fact they were not.   Shortly after the issuance of the policies, Ephrem submitted life insurance claims for the death of six purported employees.  Between January 2012, and May 2012, Ephrem submitted eight life insurance claims to Standard and LifeMap totaling $660,000.  Standard and LifeMap each paid $100,000 for the death of one purported employee, but denied subsequent claims.

Standard and LifeMap conducted internal investigations and determined that Ephrem had lied (the people were real, and had in fact died, but had not been Carr City employees), and contacted federal investigators.  Despite the results of Standard’s and LifeMap’s internal investigations that determined Ephrem’s claims were fraudulent, Ephrem persisted and filed civil lawsuits against both insurance companies seeking payment for the claims.  Those lawsuits were eventually dismissed, but cost Standard and Lifemap more than $150,000 in costs and attorney fees. 

In sentencing Ephrem to the high end of the sentencing guideline range, U.S. District Judge Michael Mosman noted Ephrem’s extensive criminal history which included bank fraud, and told her she was a grown woman who had “free rein” with her criminal tendencies.  He also ordered Ephrem to pay more than $280,000 to Standard and LifeMap for restitution.

Ephrem was ordered to surrender to the Bureau of Prisons by December 17, 2015.

The case was investigated by the FBI and the Social Security Administration Office of the Inspector General.  The case was prosecuted by Special Assistant United States Attorney Helen Cooper as part of a partnership venture between the Seattle Region, SSA Office of the General Counsel and the U.S. Attorney’s Office in Portland, Oregon.

PORTLAND, Ore. – 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 District of Oregon, the Confederated Tribes of the Umatilla Indian Reservation (CTUIR) 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 Indian Reservation 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.”

“Providing the Confederated Tribes of the Umatilla Indian Reservation of Oregon access to federal criminal information databases through the Tribal Access Program for National Crime Information will address a longstanding tribal request for access to national databases and will assist tribal law enforcement in protecting and keeping tribal communities safe,” said Acting U.S. Attorney Billy J. Williams.

“The Tribal Access Program will be critical in protecting native women on the Umatilla Indian Reservation by ensuring all tribal domestic violence protection orders are entered into federal criminal databases.  Currently, the CTUIR does not have this ability. My hope is that this will prove to be a program that will eventually be available to all tribes and help protect tribal communities throughout the nation.  It has been something tribes have long requested and I'm happy the CTUIR has been chosen to be among the pilot tribes.”   Brent Leonhard, CTUIR Tribal Attorney, Office of Legal Counsel.

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 mug shots, 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/

PORTLAND, Ore. - On Wednesday, October 28, the United States Attorney’s Office, in partnership with the United States Department of Justice, and the Department of Public Safety Standards and Training, held a day-long training for local, state, tribal, and federal law enforcement, as well as advocacy organizations and community leaders on the topic of Identifying and Investigating Hate Crimes.  The training was held on the anniversary date of the passage of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, signed into law by President Obama on October 28, 2009.

The training brought nearly 100 people together, representing law enforcement, as well as state, regional, and national community representatives covering the range of interests of the protected classes under the Act.  The training featured information on federal and state hate crimes statutes, with particular emphasis on the importance of accurate reporting of hate crimes, as well as a community panel on how law enforcement and the community can work together to bring awareness and prevention of hate crimes.  Several special guest speakers presented throughout the day, including Judy Shepard, mother of Matthew Shepard (after whom the statute was named), U.S. Attorney Billy J. Williams, and Marion County Sheriff Jason Myers.  Also, Representatives from the Civil Rights Division of the U.S. Department of Justice and the Federal Bureau of Investigation provided case studies to help provide context for the legal complexities of prosecuting such cases.  The training is part of the Department’s nationwide effort to provide training on the Hate Crimes Prevention Act to local law enforcement entities, and to increase awareness on the importance of reporting such crimes.

Acting United States Attorney Billy J. Williams notes that the involvement of the community in such training is key to successful enforcement of hate crimes.  “Being able to live safely in one’s community is one of the most basic civil rights.  In a diverse nation like ours, every one of us must be able to live, go to school, and work without fear of being attacked because of how we look, what we believe, where we come from, or whom we love,” Williams stated.  “My office is committed to working with the Civil Rights Division, Law Enforcement, and the community to properly investigate and prosecute those who commit hate crimes.”

Mrs. Shepard, who spoke to the victim’s perspective on hate crimes, said: “On the long road to passing this law, Dennis and I always kept in mind the true purpose, which was to not only see that justice is done for hate crime victims and their loved ones, but more importantly to educate the public about the sheer size of this problem and the community about the exact ways it can protect them.  Trainings like these are vital to ensure the Act delivers its full potential.”

The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act enables the Justice Department to prosecute crimes motivated by race, color, religion and national origin without having to show that the victim was engaged in a federally protected activity.  The Shepard-Byrd Act also empowers the Department to prosecute hate crimes committed because of the actual or perceived sexual orientation, gender identity, gender or disability of the individual targeted.

In late 2014, the FBI released its annual Hate Crime Statistics report for 2013.  The report can be accessed at http://www.fbi.gov/about-us/cjis/ucr/hate-crime/2013.  According to the report, 5,928 hate crime incidents involving 6,933 offenses were reported by state and local law enforcement partners to the FBI’s Uniform Crime Reporting (UCR) program in 2013.  These hate crime incidents impacted a total of 7,242 victims – defined as individuals, businesses, institutions, or society as a whole.  Of note, this report was the first UCR publication to contain data collected under the Matthew Shepard and James Byrd, Jr. Hate Crime Prevention Act of 2009.

Underreporting of such crimes remains a significant concern.  According to data provided in the report, thousands of police departments did not report data to the FBI, and of those that did, only about 12 percent reported one or more hate crimes.  Further, more than 80 cities with populations over 100,000 either did not participate in the reporting program, or affirmatively reported zero hate crimes to the FBI.  In his opening remarks, Acting U.S. Attorney Bill Williams stated that, “We must seize this time as an opportunity to redouble our efforts to work together to improve reporting of hate crime data in order to understand, to the fullest extent, the issues facing our communities today.”

PORTLAND, Ore. – Attorney General Loretta Lynch presented 279 Justice Department employees and 33 individuals, including 12 people in the District of Oregon, with Attorney General Awards at a ceremony today in Washington, DC.  These annual awards recognize department employees and other individuals for their dedication to carrying out the Department of Justice’s mission.  

“The individuals being honored today stand out within a department that holds all of its employees and partners to an extremely high standard of excellence,” said Attorney General Lynch.  “They have put in long hours, made immense sacrifices, and, in some cases, placed themselves in harm’s way.  They have taken on issues that once seemed intractable, and made progress on problems that once seemed impossible.  And their outstanding work is an inspiration to public servants everywhere.”

The 12-person trial team in the matter of U. S. v. Mohamed Osman Mohamud was recognized for The Attorney General’s Award for Excellence in Furthering the Interests of U.S. National Security.  This award acknowledges a special act or service by a Department employee or group who has greatly contributed to protecting U.S. national security.

“This award recognizes the exemplary accomplishments of the Mohamud trial team as a significant milestone in protecting national security,” said Acting U.S. Attorney Billy J. Williams.  “There were numerous unique legal challenges in this case:  defining the scope of entrapment; protecting classified and sensitive information and techniques; and maintaining the secrecy of the classified true identities of the undercover agents.  Throughout the litigation, the prosecutors met every challenge.  Obtaining a guilty verdict in this case, therefore, did more than bring a dangerous extremist to justice.  It affirmed the validity of terrorism sting investigations.  Their dedication and work ethic greatly contributed to furthering the interests of national security.”

The U.S. Attorney’s Office trial team, listed below, successfully investigated and prosecuted U.S. v. Mohamud for attempted use of a weapon of mass destruction, and was recognized today by receipt of this Attorney General’s Award.

• AUSA Ethan Knight was lead counsel on the investigation and prosecution.
• AUSA Pamala Holsinger joined the team post-indictment and co-chaired the trial.
• AUSA Jeffrey Sweet oversaw the investigation of the case through indictment.
• Trial Attorney Jolie Zimmerman was the Counter Terrorism Section liaison throughout the investigation and trial, handling much of the CIPA litigation.
• Susan Cooke performed automated litigation support duties for trial preparation and trial.
• Rena Rallis performed automated litigation support duties during the discovery phase.
• Lori McBryde provided all other support functions including trial preparation and handling of classified pleadings.
• Special Agent Ryan Dwyer was the lead case agent and testified at trial.
• Supervisory Special Agent Jared Garth supervised the discovery and trial preparation of the case, with particular responsibility for resolving issues involving classified information and sensitive law enforcement techniques.
• Special Agent Miltiadis Trousas managed the undercover operatives and testified at trial.
• Special Agent Elvis Chan managed the undercover operatives and testified at trial.
• Supervisory Special Agent Tom Ford was the FBI HQ liaison who supervised and obtained approvals for the undercover operation

MEDFORD, Ore. - Russell Ray Moore, 63, of Klamath Falls, Oregon, was sentenced on Monday, October 19, 2015, by U.S. District Court Chief Judge Ann Aiken to 15 years in federal prison after he pled guilty to being a felon in possession of a firearm.  Moore will also be on three years of supervised release after he completes his prison term.

The case resulted from three separate incidents in which Moore illegally possessed firearms.  On September 3, 2014, Moore was arrested by the Klamath County Sheriff’s Office after a high-speed chase with police in which his vehicle was disabled by a spike strip.  Moore possessed a Bersa .380 handgun, a taser, digital scales, and methamphetamine.  On September 16, 2014, the Oregon State Police executed a search warrant at Moore’s house after receiving information that he was selling methamphetamine and possessed a sawed-off shotgun.  Police found a Winchester 12-gauge shotgun with the barrel sawed off to 15 inches, more than 700 rounds of ammunition, and methamphetamine.  On February 25, 2015, police executed another search warrant at Moore’s house after receiving information that he possessed another firearm.  In Moore’s bedroom, police found a loaded Hi-Point 9mm handgun, a box of 9mm ammunition, methamphetamine, digital scales, and drug packaging materials. Moore’s repeated association with these weapons, in combination with his serious criminal history, caused local investigators to refer the matter for federal prosecution.

Under federal law, any person who possesses a firearm or ammunition after being previously convicted of three violent felonies or drug trafficking crimes is an Armed Career Criminal subject to a 15-year mandatory minimum prison sentence.  Moore is an Armed Career Criminal based upon eight prior felony convictions for delivery and manufacture of methamphetamine, and an additional conviction for attempted murder.   Moore also has two prior convictions for felon in possession of a firearm in 1997 and 2012.

This case was investigated jointly by the Klamath County Sheriff’s Office, Oregon State Police, and the Bureau of Alcohol, Tobacco, and Firearms.  It was prosecuted by Assistant U.S. Attorney Douglas W. Fong.

PORTLAND, Oregon – Today, 12 defendants appeared in federal court after being charged in a federal indictment alleging a conspiracy to manufacture, distribute and possess with the intent to distribute methamphetamine, a conspiracy to commit money laundering and a conspiracy to violate the Animal Welfare Act (rooster fighting).  The indictment, charging a total of 24 defendants, was unsealed yesterday after the early morning execution of federal and state search warrants in Oregon and Washington.

The underlying case involves a vast drug trafficking conspiracy in which drug cartels, criminal organizations and gangs were sourcing a large drug trafficking organization that was operating within Washington County, Oregon with hundreds of pounds of methamphetamine, which in turn was being sold to other drug distributors within the area.

See the indictment and the government memorandum attached.

This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF) joint investigation involving the Westside Interagency Narcotics team, Department of Homeland Security Investigations, Hillsboro Police Department – Street Crimes Unit, Beaverton Police Department, Washington County Sheriff’s Office, Tigard Police Department, Portland Police Bureau – Drugs and Vice Division, Clackamas County Interagency Task Force, FBI, DEA, ATF, U.S. Marshals, Multnomah County Sheriff’s Office – Special Investigations Unit, Yamhill County Interagency Narcotics team, Woodburn Police Department, Salem Police Department, and the Department of Agriculture.  The Portland Police Bureau’s Special Emergency Reaction Team and the Washington County Tactical Negotiations Team helped with the execution of search warrants.  The Humane Society has assisted with the handling of roosters found during the execution of the search warrants.  The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking organizations and those primarily responsible for the nation’s illegal drug supply.  The case is being prosecuted by Assistant U. S. Attorneys Scott Kerin, Patrick Ehlers and AnneMarie Sgarlata.

PORTLAND, Ore. - The United States Attorney’s Office announced it has closed its investigation of Safety Net, a former representative payee for Social Security beneficiaries, without the filing of criminal charges.

In March of 2014, federal agents executed a search warrant on the Safety Net offices in Portland pursuant to a search warrant that established probable cause that conserved funds, held by Safety Net on behalf of payees, were significantly less than reflected in Safety Net’s records.  The investigation, conducted by the Social Security Administration Office of the Inspector General, Office of Investigations and Office of Audit, revealed accounting and bookkeeping errors, but found no evidence of theft or embezzlement from Safety Net’s clients during the time period under investigation.

EUGENE, Ore. – Dwight Lincoln Hammond, Jr., 73, and his son, Steven Dwight Hammond, 46, both residents of Diamond, Oregon in Harney County, were sentenced to five years in prison by Chief U.S. District Judge Ann Aiken for arsons they committed on federal lands. 

A jury sitting in Pendleton, Oregon found the Hammonds guilty of the arsons after a two-week trial in June 2012.  The trial involved allegations that the Hammonds, owners of Hammond Ranches, Inc., ignited a series of fires on lands managed by the U.S. Bureau of Land Management (BLM), on which the Hammonds had grazing rights leased to them for their cattle operation.

The jury convicted both of the Hammonds of using fire to destroy federal property for a 2001 arson known as the Hardie-Hammond Fire, located in the Steens Mountain Cooperative Management and Protection Area.  Witnesses at trial, including a relative of the Hammonds, testified the arson occurred shortly after Steven Hammond and his hunting party illegally slaughtered several deer on BLM property.  Jurors were told that Steven Hammond handed out “Strike Anywhere” matches with instructions that they be lit and dropped on the ground because they were going to “light up the whole country on fire.”  One witness testified that he barely escaped the eight to ten foot high flames caused by the arson.  The fire consumed 139 acres of public land and destroyed all evidence of the game violations.  After committing the arson, Steven Hammond called the BLM office in Burns, Oregon and claimed the fire was started on Hammond property to burn off invasive species and had inadvertently burned onto public lands.  Dwight and Steven Hammond told one of their relatives to keep his mouth shut and that nobody needed to know about the fire.

The jury also convicted Steven Hammond of using fire to destroy federal property regarding a 2006 arson known as the Krumbo Butte Fire located in the Malheur National Wildlife Refuge and Steen Mountain Cooperative Management and Protection Area.  An August lightning storm started numerous fires and a burn ban was in effect while BLM firefighters fought those fires.  Despite the ban, without permission or notification to BLM, Steven Hammond started several “back fires” in an attempt save the ranch’s winter feed.  The fires burned onto public land and were seen by BLM firefighters camped nearby.  The firefighters took steps to ensure their safety and reported the arsons.

By law, arson on federal land carries a five-year mandatory minimum sentence.  When the Hammonds were originally sentenced, they argued that the five-year mandatory minimum terms were unconstitutional and the trial court agreed and imposed sentences well below what the law required based upon the jury’s verdicts.  The Ninth Circuit Court of Appeals, however, upheld the federal law, reasoning that “given the seriousness of arson, a five-year sentence is not grossly disproportionate to the offense.”  The court vacated the original, unlawful sentences and ordered that the Hammonds be resentenced “in compliance with the law.”  In March 2015, the Supreme Court rejected the Hammonds’ petitions for certiorari. Today, Chief Judge Aiken imposed five year prison terms on each of the Hammonds, with credit for time they already served.

“We all know the devastating effects that are caused by wildfires.  Fires intentionally and illegally set on public lands, even those in a remote area, threaten property and residents and endanger firefighters called to battle the blaze” stated Acting U.S. Attorney Billy Williams.

“Congress sought to ensure that anyone who maliciously damages United States’ property by fire will serve at least 5 years in prison.  These sentences are intended to be long enough to deter those like the Hammonds who disregard the law and place fire fighters and others in jeopardy.”

Assistant U.S. Attorneys Frank R Papagni, Jr., AnneMarie Sgarlata and Kelly Zusman handled the prosecution of this case.

EUGENE, Ore. – The U.S. Attorney’s Office announced that a federal grand jury has indicted two men for their involvement in a scheme to illegally purchase and sell firearms and smuggle them to Mexico.  Those men are Erik Flores Eloretgui, 33 years old, of Beaverton, Oregon and Robert Allen Cummins, 56 years old, of Eugene, Oregon.  Defendant Cummins appeared today on a summons before Magistrate Judge Thomas M. Coffin, who ordered Cummins to return to court on October 5, 2015, for a hearing on release conditions and detention status.

The indictment is the result of a year-long investigation and international collaboration that began after a large shipment of firearms was found in Sonora, Mexico.  According to the indictment, members of the conspiracy deposited tens of thousands of dollars near the U.S./Mexico border to bank accounts associated with Erik Flores Elortegui.  Defendants then allegedly straw-purchased over $70,000 dollars’ worth of high-caliber firearms, including .50 caliber and AK-47 type rifles, some of which were recovered in Mexico soon after being purchased.

The indictment further alleges that on the same day as a $38,100 firearms purchase in Oregon City involving three .50 caliber rifles, Erik Flores Eloretegui purchased a Dremel grinding tool – commonly used by firearms traffickers to grind off firearms’ serial numbers – and a few days thereafter drove from Oregon and crossed into Mexicali, Mexico.

In announcing the indictment, Acting U. S. Attorney Billy J. Williams said, “Those who illegally deal and smuggle firearms share responsibility for the violence those firearms promote.  This case serves to put firearms traffickers, and anyone who illegally buys or sells firearms, on notice that they will be held accountable for violating laws designed to keep firearms out of the hands of criminals and to assure the safety of citizens both here and abroad.”

Summary of the Charges

• Count 1:  conspiracy to smuggle firearms from the United States to Mexico and making false statements in connection with the acquisition of firearms, which carries a maximum sentence of five years in prison and up to a $250,000 fine.

• Counts 2 through 13: making false statements in connection with the acquisition of firearms – each of those charges carries a maximum sentence of five years in prison and up to a $250,000 fine.

• Counts 14 through 25: illegal smuggling of goods from the United States – each of those charges carries a maximum sentence of ten years in prison and up to a $250,000 fine.

• Count 26:  unlawful dealing in firearms, which carries a maximum sentence of five years in prison and up to a $250,000 fine.

An indictment is only an accusation of a crime, and a defendant should be presumed innocent unless and until proven guilty.

This case was investigated by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives and the U.S. Homeland Security Investigations and is being prosecuted by Assistant U.S. Attorney Nathan J. Lichvarcik.

MEDFORD, Ore.—Bradley William Monical, 45, of The Dalles, Oregon, was sentenced on September 23, 2015 by U.S. District Judge Michael McShane to 32 years in prison for committing seven bank robberies in Southern Oregon, Eastern Washington and Idaho, all in 2010.  Judge McShane ordered the sentence to be served concurrently with state sentences previously imposed in Jackson and Coos County Circuit Courts for robbery in the first degree, robbery in the second degree, unlawful use of a weapon, felon in possession of a firearm, and escape.  Monical was also ordered to pay $68,698 in restitution and to serve three years of supervised release.

The bank robberies Monical plead guilty to include:

1. June 11, 2010,  at Bank of America in Redmond, Oregon;
2. August 27, 2010, at Wells Fargo Bank in Coeur d’Alene, Idaho;
3. September 4, 2010, at Banner Bank in Walla Walla, Washington;
4. October 2, 2010, at Sterling Savings Bank in Spokane Valley, Washington;
5. November 9, 2010, at Sterling Savings Bank in Medford, Oregon;
6. December 2, 2010, at U.S. Bank in Kennewick, Washington; and
7. December 20, 2010, at Sterling Savings Bank in Klamath Falls, Oregon.

During the Oregon robberies, Monical was armed with a pistol.  In the Washington and Idaho robberies he was armed with what appeared to be a hand gun.

Monical was in custody on Oregon bank robbery charges when he escaped from the Jackson County Jail on November 19, 2012.  Defendant was later found in Oregon City and was arrested by the U.S. Marshals Service.  At the time of his arrest, he was found with his girlfriend, Carolyn Gibson.  Gibson pled guilty to concealing a person from arrest and providing money and a vehicle for Monical after his escape.  Gibson was sentenced to probation on February 2, 2015.

Monical also has pending charges of robbery and attempted murder in Marion County, Oregon.

The bank robbery and escape investigations were conducted by the FBI, U.S. Marshals Service, Redmond Police Department, City of Coeur d’Alene Police Department, Walla-Walla Police Department, Spokane Valley Police Department, Ashland Police Department, Medford Police Department, Jackson County Sheriff’s Office, Kennewick Police Department and Klamath Falls Police Department. The federal case was prosecuted by Assistant U.S. Attorney Judith R. Harper.

EUGENE, Ore. – Timothy Loren McCoy Fleming, 23, of Albany pled guilty today in U.S. District Court to transmitting a threat in interstate commerce.   Fleming admitted in his plea agreement that he posted on Facebook threats to kill a police officer at the Albany City Hall, along with a picture of himself holding a pistol.

Transmitting a threat in interstate commerce is a felony offense punishable by up to five years in prison and a $250,000 fine.

Fleming made the threats last January and was arrested on a state probation violation.   He was transferred to federal custody in April after a complaint was filed in U.S. District Court.  Fleming remains in custody pending his sentencing hearing on January 4 before U.S. District Judge Michael McShane in Eugene.

This case was investigated by the Albany Police Department and the FBI.  Assistant U.S. Attorney William “Bud” Fitzgerald is prosecuting the case.

PORTLAND, Ore. – Yesterday, Attorney General Loretta Lynch 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, 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.”  http://www.justice.gov/opa/speech/attorney-general-loretta-e-lynch-delivers-remarks-white-house-champions-change-event.

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.

“I am pleased that two police departments in Oregon are recipients of these federal funds,” said Acting U.S. Attorney Billy J. Williams.  "The use of body-worn cameras will assist our law enforcement partners and the communities they serve by providing greater transparency into the challenging work done every day."

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.

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 last week at the 2015 Tribal Leader Briefing, sponsored by the National Congress of American Indians, and included Tribal leaders, Members of Congress and Administration officials.

Awards to American Indian Tribes in Oregon include funding for Tribal Youth Programs; Juvenile Healing to Wellness Courts; Alcohol and Substance Abuse Programs; Comprehensive Tribal Victim Assistance Program; Community Police Programs; and; Violence Against Women Programs, as follows:

$1,227,951      Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians

$   101,969      Confederated Tribes of the Grand Ronde Community of Oregon

$   830,457      Confederated Tribes of the Warm Springs Reservation

$   683,439      Coquille Indian Tribe

$   450,000      The Klamath Tribes   

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.

“My office has a strong history of working closely with the tribal communities in Oregon on issues of public safety, juvenile justice, violence against women, services for crime victims, and tribal youth programs,” said Acting U.S. Attorney Billy J. Williams.  “These funds will make a significant impact on enhancing community safety and prevention programs throughout Oregon, and across the nation.”

“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 Indians and Alaska Natives 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 all of the awards is available at www.justice.gov/tribal.

This 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.

PORTLAND, Ore. – Today, Lori Ann Cubit, 56, of Gresham, Oregon, was sentenced by U.S. District Judge Michael W. Mosman to one year of probation following her conviction of the misdemeanor crime of criminal contempt of court. As a condition of probation, Mrs. Cubit will be required to perform 100 hours of community service.

On December 30, 2013, a federal grand jury was presented with information related to the criminal activities of a violent Blood street gang involved in drug trafficking and other crimes in the greater Portland, Oregon metropolitan area. The evidence presented to the grand jury was the result of a year-long Metro Gang Task Force investigation which included the use of federal wiretaps to target the involved individuals. On December 31, 2013, the government learned through an informant that secret information regarding the grand jury proceedings had been disclosed within the community. The leaked information included the identities of people who had been criminally charged by the grand jury, the charges they faced and the existence and use of federal wiretaps and evidence derived from them. At the time of the disclosure, the indictments were under seal and not subject to disclosure. Due to the leak of information, a series of planned search warrants and arrests had to be canceled due to concerns over officer safety. One defendant fled the jurisdiction.

An investigation into the source of the leaked grand jury proceedings revealed that Mrs. Cubit, a former federal grand jury member, had disclosed the information to family members and others. From there, the information spread throughout the community.

On April 29, 2015, Mrs. Cubit pled guilty to one count of criminal contempt of court. In her plea agreement, Mrs. Cubit admitted that, on or about December 30, 2013, she knowingly disobeyed the order and commands of a Court of the United States and of U.S. District Judge Ancer L. Haggerty that she not to disclose any information relating to any matter occurring before the grand jury. She additionally admitted that she disclosed information from the grand jury on December 30, 2013, to unauthorized individuals, including evidence presented to the grand jury, the existence of federal wiretaps, the names of the defendants and the criminal charges they faced, all while the evidence presented and charging documents were still under seal and not subject to disclosure to the public.

Both before and during the sentencing hearing, Mrs. Cubit apologized for her actions.

"The rules governing grand jury proceedings are critically important to the integrity and safety of the investigative process and they must be followed," stated Acting U.S. Attorney Billy J. Williams. "This case, unfortunately, highlights the serious consequences that can result from the unauthorized disclosure of criminal matters, even when it is not done with any malicious intent. We are grateful that we found out about the leak when we did so that no law enforcement officers were placed in danger as a result of Mrs. Cubit’s actions."

This case was investigated by the Metro Gang Task Force (MGTF) and Federal Bureau of Investigation (FBI). The case was prosecuted by Assistant U. S. Attorney Scott Kerin.

The United States has prepared the enclosed periodic compliance status assessment report (hereinafter, ‘Report’) in preparation for our September 14, 2015 meeting with the Albina Ministerial Alliance Coalition for Justice and Police Reform (AMAC) regarding the City of Portland’s (the City) progress in implementing the parties’ Settlement Agreement,

see Collaborative Agreement 15, Dec. 30, 2013, ECF No. 55-1. This Report also serves as a platform to respond to the Court’s order to "describe to the Court the progress being made toward achieving substantial compliance with all provisions of the Settlement Agreement and any obstacles or impediments toward that end." Order, July 30, 2015, ECF No. 99. We will provide a copy of this Report to the Court, the AMAC, and the Compliance Officer/Community Liaison (COCL), and we anticipate presenting a copy to the Community Oversight Advisory Board (COAB) at its October meeting. We also plan to post it on our public DOJ website. In addition to the comprehensive assessment required pursuant to paragraph 175 of the Settlement Agreement, see ECF No. 4-1 175, the United States may provide additional periodic compliance status assessment reports and technical assistance as we monitor the City’s compliance with the Settlement Agreement, pursuant to paragraph 167.

For the attached Report, we reviewed extensive documentation, particularly PPB’s quarterly self-assessment reports from the First Quarter of 2014 through the present. Each quarterly self-report referred to documentation that PPB believes supports its own assessment of compliance. References to "folders" herein are to the City’s individually-numbered electronic folders corresponding to the paragraph(s) of the Settlement Agreement that the documentation reportedly supports. This Report considers the information provided by the City as of August 28, 2015, up to and including the Quarterly Report for the Second Quarter of 2015 and supporting documentation. In addition to document review, we also consulted with our two expert consultants, conducted interviews of City employees, and made personal observations at City-sponsored meetings (such as the Community and Police Relations Council, Citizens Review Committee, Community Oversight and Advisory Board, Behavioral Health Unit Advisory Committee, and the Training Advisory Council).

As the City is aware, the Effective Date of the Settlement Agreement is August 29, 2014. During this past year, however, the DOJ and City have engaged in additional settlement negotiations regarding the City’s appeal of the Court’s order entering the Settlement Agreement, which was finally resolved on July 30, 2015, when the Court entered an amended Order. To the extent that we have not yet been able to engage in a full assessment of implementation of any particular area of the Settlement Agreement, we have so noted in our analysis.

This Report uses the following color-coded compliance status levels to indicate our current assessment of PPB’s progress in complying with each provision of the Settlement Agreement:

Blue: compliance rating pending or not measured. This level indicates that either the specific provision does not have a specific measurement to assess, or that the DOJ has not yet been able to fully assess compliance, either due to insufficient documentation provided for assessment, or because DOJ must complete additional analysis/observation of how the specific provision is being implemented.

Green: substantial compliance with an ongoing obligation. This level indicates that the City has implemented the specific provision as required by the Settlement Agreement, and that the City has an ongoing obligation to continue such action to remain in compliance.

Yellow: partial compliance with an ongoing obligation. This level indicates that while there has been progress made with implementation, specific areas need further attention in order to reach substantial compliance.

Red: non-compliance. This level indicates that we have recognized barriers to achieving implementation of the provision that must be addressed to achieve compliance.

The Parties have acknowledged that the systemic reforms required by the Settlement Agreement will take time to implement.

See, e.g., Settlement Agreement 178(a) (anticipating substantial compliance with all provisions by October 12, 2017). Our analysis and technical assistance provided with this Report is intended to both acknowledge the City’s accomplishments achieved thus far in the implementation of the Settlement Agreement and to advise the City on certain course corrections that will help achieve compliance.

As always, we appreciate the various City bureaus’ efforts and progress in implementing the terms of our Settlement Agreement and look forward to a continued cooperative relationship in achieving our mutual goal of sustained constitutional and effective policing in the City of Portland.

For a copy of the original cover letter as well as the full compliance report please see the attached .pdf document.

us_v._city_of_portland_-_compliance_assesment_report_and_cover_letter_-_september_10_2015.pdf (556.05 KB)

EUGENE, Ore. - On May 2, 2015, the railing at Tumalo Falls in Tumalo, Oregon, was vandalized. The U.S. Forest Service investigated the incident, issued a federal ticket for the violation, and referred the matter to the U.S. Attorney’s Office.  A fine was assessed and restitution was paid to the U.S. Forest Service to repair the railing.  The citation is now resolved.  The details of the federal ticket are not public record and no further information will be provided.

EUGENE, Ore. –Yesterday, Gary L. Ford, 55, of Bend, Oregon, pled guilty to willfully filing a false federal income tax return.  As part of his plea agreement, Ford, the owner and operator of Summit Plumbing in Bend, Oregon, admitted that he failed to report more than $1.6 million of income on his federal tax returns for tax years 2006 through 2009.  Ford also admitted that he was responsible for all of his plumbing business’s and his personal financial record keeping, including accounting, sales, and invoicing, and that he prepared the federal income tax returns and related schedules.

Sentencing is set for January 5, 2016, at 10 a.m. before Chief U.S. District Judge Ann Aiken.  The maximum penalty for filing a false return is three years in prison and a $100,000 fine.

This case was investigated by IRS Criminal Investigations and is being prosecuted by Assistant U.S. Attorney Scott E. Bradford.

EUGENE, Ore. – Troy Wooley, 48, of Newport, Oregon, pled guilty to possession of child pornography and was sentenced today by Chief U. S. District Judge Ann Aiken to 120 months in prison, to be followed by a lifetime term of supervised release.

The federal charges were brought after the Newport Police Department received a tip that computer equipment belonging to Wooley contained child pornography.  According to the prosecutor, Wooley had an extensive criminal history that included prior convictions for sex abuse and possession of child pornography.  He was in possession of approximately 86 images of child pornography.    

This case was investigated by the Newport Police Department, the Albany Police Department and the FBI.   This case was prosecuted by Assistant U.S. Attorney Amy Potter.

The U.S. Justice Department announced today, along with private plaintiffs, that it has entered into a proposed settlement agreement with the state of Oregon that will resolve violations of the Americans with Disabilities Act (ADA) and will impact approximately 7,000 Oregonians with intellectual and developmental disabilities (I/DD) who can and want to work in typical employment settings in the community.  The private plaintiffs were represented by the Center for Public Representation, Disability Rights Oregon and the law firms of Miller Nash Graham & Dunn LLP and Perkins Coie LLP.  The proposed agreement resolves a class action lawsuit by private plaintiffs in which the department intervened.  The parties’ proposed settlement agreement must still be approved by U.S. Magistrate Judge Janice Stewart of the District of Oregon, who is presiding over the lawsuit.  The agreement will be filed with the court in the coming weeks.

The department alleged that Oregon’s employment services system unnecessarily placed people with I/DD in, or at risk of entering, sheltered workshops instead of in integrated jobs in the community, in violation of the ADA.  As interpreted by the Supreme Court’s landmark decision in Olmstead v. L.C., the ADA affords individuals with disabilities the right to receive services in the most integrated setting appropriate to their needs.  Sheltered workshops are segregated facilities that exclusively or primarily employ people with disabilities.  They are usually large, institutional facilities in which people with disabilities have little or no contact with non-disabled persons besides paid staff.  People with I/DD in sheltered workshops typically earn wages that are well below minimum wage, sometimes pennies per hour.  By contrast, supported employment services assist people with I/DD to prepare for, gain and succeed in integrated employment at competitive wages.  Approximately 450,000 people with I/DD across the country spend their days in segregated sheltered workshops and facility-based day programs.  Approximately 1,900 Oregonians with disabilities currently receive services in sheltered workshops.  Since the initiation of the lawsuit, approximately 3,900 Oregonians with disabilities have received services in sheltered workshops, and historically hundreds of students have transitioned each year from Oregon public schools to sheltered workshops.

As a result of the proposed settlement, over the next seven years, 1,115 working-age adults with I/DD who are currently being served in segregated sheltered workshops will have opportunities to work in real jobs at competitive wages.  Additionally, at least 4,900 youth ages 14 to 24 years old will receive supported employment services designed to assist them to choose, prepare for, get and keep work in a typical work setting.  Half of the youth who receive employment services will receive, at a minimum, an individual plan for employment through the state’s Office of Vocational Rehabilitation Services.  

The proposed settlement resolves the first class action lawsuit in the nation to challenge a state funded and administered employment service system, including sheltered workshops, as a violation of the ADA’s integration mandate.  The class action, Lane v. Kitzhaber (since renamed Lane v. Brown), was filed in January 2012, by eight named individuals and United Cerebral Palsy of Oregon and Southwest Washington, on behalf of themselves and other individuals with I/DD who are in Oregon sheltered workshops or have been referred to sheltered workshops.  In March 2013, the Department of Justice moved to intervene in the lawsuit, seeking to vindicate the rights of thousands of individuals with I/DD across Oregon.  The department’s claims included that Oregon violated the ADA by unnecessarily segregating adults with I/DD in sheltered workshops and by placing Oregon youth with I/DD at unnecessary risk of segregation in sheltered workshops. 

The proposed agreement recognizes that Oregon has made substantial progress in providing employment services to and improving employment outcomes for individuals with I/DD since the filing of the plaintiffs’ complaint and the department’s complaint-in-intervention.  In 2013 and 2015, respectively, Oregon’s then Governor John Kitzhaber issued Oregon Executive Orders 13-04 and 15-01 and the state developed Integrated Employment Plans committing to implement strategies for the Oregon Department of Human Services and Oregon Department of Education to improve Oregon’s employment service system for individuals with I/DD.  These plans call upon the state to reduce its reliance on segregated sheltered workshops and increase its investment in supported employment services. 

“Work is a fundamental aspect of most people's lives,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division.  “People with disabilities deserve opportunities to work alongside their friends, peers, and neighbors without disabilities and to earn fair wages.  We are pleased that the state of Oregon has fully embraced integrated employment services for people with intellectual and developmental disabilities and we look forward to the new ways people with intellectual and developmental disabilities will be able to contribute to their communities as this proposed agreement is implemented.”

“This proposed agreement not only realizes the requirements of federal law, but just as importantly, it embraces policies and practices to support both youth and adult community members with disabilities to successfully interact and work alongside non-disabled Oregonians,” said Acting U.S. Attorney Billy J. Williams of the District of Oregon.  “The implementation of the agreement will bring all of our communities together in recognizing the work capabilities of individuals with intellectual and developmental disabilities.” 

The Civil Rights Division enforces the ADA, which authorizes the Attorney General to investigate whether a state is serving individuals in the most integrated settings appropriate to his or her needs.  Please visit www.ada.gov/olmstead to learn more about the division’s ADA Olmstead enforcement efforts and www.justice.gov/crt to learn more about the other laws enforced by the Justice Department’s Civil Rights Division.

PORTLAND, Ore. – Alberto Contreras, 34, of Salem, Oregon, was sentenced today under the Armed Career Criminal Act to the mandatory minimum sentence of 15 years in prison by U. S. District Court Judge Marco A. Hernandez.  Contreras pled guilty to being a felon in possession of a firearm with an Armed Career Criminal enhancement on March 23, 2015.  Following his prison term, Contreras will serve five years of supervised release.

This case arose out of an investigation by the Salem Police Department after they developed information that Contreras was selling methamphetamine while carrying a firearm.  Following a traffic stop of the vehicle he was driving on March 12, 2014, police developed probable cause to search the vehicle, and a loaded 9mm Ruger pistol, which had previously been stolen, was found hidden in the vehicle in addition to a digital scale.  Subsequently, Contreras allowed the police to search his apartment and a small amount of methamphetamine and two digital scales were located.

Under federal law, any person who possesses a firearm after being previously convicted of three violent felonies or drug trafficking crimes qualifies as an armed career criminal and faces a mandatory 15-year minimum sentence.  Contreras qualified for that sentence based upon the following prior convictions:  (1) Delivery of a Controlled Substance, Marion County, 2001, sentence of 16 months imposed; (2) Assault II, Marion County, 2003, sentence of 60 months imposed; (3) Delivery of a Controlled Substance, Marion County, 2011, sentence of 19 months imposed.

This case was investigated by the Salem Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives and prosecuted by Assistant U. S. Attorney Fred Weinhouse.

EUGENE, OR – Thomas William Cornelius, Jr., age 50, of Coos County, Oregon, was sentenced on Tuesday, September 1, 2015, by Chief U.S. District Judge Anne Aiken to 50 years in prison for being a felon in possession of firearms and for violent assaults he committed in prison while awaiting trial.

Cornelius, who has a lengthy criminal record, began burglarizing residences throughout Oregon shortly after being released from prison in August 2010.  Cornelius forcibly broke into homes and, while armed with a loaded gun, stole firearms, jewelry, cash and electronics.  By May 2011, Cornelius had burglarized 25 homes in Coos, Curry, Lane and Douglas counties.  While returning from a vacation in Hawaii, Cornelius was stopped for speeding by an Oregon State trooper.  The trooper arrested Cornelius after discovering two loaded pistols in the trunk of his rental car, which he had stolen during prior burglaries.

A subsequent investigation by the Oregon State Police and the Bureau of Alcohol, Tobacco and Firearms led to the recovery of several other guns and valuables Cornelius had stolen from burglarized homes. The investigation also led to the identification and prosecution of Cornelius’ accomplices.  In September 2011, a federal grand jury indicted Cornelius for being a felon in possession of stolen weapons.

While awaiting trial in the Federal Correctional Institution in Sheridan, Oregon, Cornelius assaulted another inmate from behind with a prison shank.  He bashed the inmate several times in the head and then stabbed him in the abdomen.  Prison officials transferred Cornelius into the Special Housing Unit at Sheridan.  In August 2013 Cornelius attacked another inmate with a razor blade he had secreted in his clothing.  Cornelius repeatedly cut the throat of this inmate, who was handcuffed at the time.  The inmate survived the attack.

A federal grand jury returned additional indictments against Cornelius for the prison assaults.  Three separate trials ensued.  In 2014 and 2015 federal trial juries convicted Cornelius for assault with a dangerous weapon, assault with intent to commit murder, possessing prohibited objects in a correctional facility, and eight felon-in-possession charges.

Cornelius’ criminal history includes convictions for:

• Burglary (1985, 1988)
• Unauthorized Use of a Motor Vehicle (1985, 1986)
• Failure to Appear (1985)
• Escape (1988, 1990)
• Assault (1988, 1990)
• Inmate in Possession of a Firearm (1990)
• Assault in the Second Degree with a Firearm (1997)
• Robbery in the First Degree with a Firearm (1997)
• Felon in Possession of a Firearm – Armed Career Criminal (1997).

In the 1997 case, Cornelius robbed a Portland, Oregon jewelry store and shot the owner during the course of the robbery.

After a sentencing hearing on September 1, 2015, Chief Judge Aiken sentenced Cornelius to a total of 50 years in federal prison based on the three jury convictions.  “We applaud this lengthy and appropriate sentence imposed by Judge Aiken.  This defendant’s criminal history is replete with violent, repetitive, and highly dangerous criminal conduct that has impacted numerous victims and law enforcement agencies for many years,” said Acting U.S. Attorney Billy J. Williams.  “He is more than deserving of the sentence of 50 years.   This sentence will ensure that a dangerous criminal, clearly beyond reform, will spend the rest of his life in prison.  Our thanks to the many law enforcement partners who have assisted an outstanding prosecution team in working to see that justice was done.”

The investigation of this case was conducted by the Bureau of Alcohol, Tobacco, and Firearms, the United States Bureau of Prisons, the Oregon State Police, Coos, Curry, Lane and Douglas County Sheriffs, with assistance from the Eugene, North Bend, Coos Bay, and Springfield Police Departments, and the Coos County District Attorney. The case was prosecuted by Assistant U.S. Attorney Frank R Papagni, Jr.

PORTLAND, Ore. – U.S. District Judge Michael H. Simon sentenced Carolyn M. Knudsen, 29, of Camas, Washington, to 300 months in prison, for transporting her young child across state lines from Camas, Washington to Gresham, Oregon, for purposes of sexually abusing the child.  Following her release from prison, Knudsen will be required to serve ten years on supervision and register as a sex offender.

Knudsen, and co-defendant James Hickerson, 36, of Gresham, Oregon, were jointly charged with aggravated sex abuse (sex abuse of a minor under the age of 12), transportation of a minor across state lines for unlawful sexual purposes, and production of child pornography.  According to court documents, the two sexually abused Knudsen’s toddler child for months, possibly up to two years, in Gresham and on at least one occasion in Washington.  The government presented two videos of the abuse at sentencing to refute Knudsen’s claims that she did not sexually abuse her child, that she was forced to engage in the conduct, and that she did not know Hickerson was videotaping the abuse.

Knudsen pled guilty in May as part of a plea agreement calling for the 25-year sentence.  Although Knudsen stood by her plea at the sentencing hearing, she denied many of the government’s allegations at her change of plea, and according to the government’s argument at sentencing, in a letter she provided the court immediately before sentencing.  Knudsen told the court that it only knew part of the facts and insisted she “did not hurt” her child.  However, after viewing the videos in chambers, Judge Simon replied, “It may be true that I’m only getting a portion of what happened, but from the portion that I have seen and that I have read, it does appear to me that you have failed to fulfill the fundamental responsibility of a parent, which is to protect one’s child.”  The Court then followed the parties’ joint recommendation and sentenced Knudsen to 25 years in prison for her conduct, finding it an appropriate sentence considering the serious nature of the offense, the defendant’s history and characteristics, the need to promote respect for the law, and to punish and deter future illegal conduct.

Knudsen was facing a mandatory 30-year sentence on the aggravated sex abuse charge, and potentially a higher sentence, if she went to trial or was prosecuted by either state.  The Multnomah County District Attorney’s Office and the Clark County, Washington Prosecutors Office agreed not to prosecute Knudsen further as long as she received a sentence of at least 25 years in the federal case.  James Hickerson has also entered a guilty plea in this case and in a separate child pornography case.  Hickerson is scheduled for sentencing before Judge Simon on November 9, 2015.

Acting U. S. Attorney Billy J. Williams praised the sentence and said, “Child sex abuse is always disturbing, but is particularly reprehensible when it involves a parent.  It is simply despicable, and was aggravated in so many respects in this case, between the age of the child, the length of abuse, and the fact that the defendants recorded videos and photographed it.  Thanks to the good work of law enforcement and the quick coordination with child welfare, this child was promptly rescued, and the child’s mother will remain behind bars until after the child is an adult.”

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 U.S. Department of Justice and 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.projectsafechildhood.gov.

This investigation involved the cooperation and participation of the Multnomah County Sheriff’s Office, the Interagency Child Exploitation Proactive Task Force (INTERCEPT), the Vancouver Interagency Crimes Against Children (ICAC) Task Force, the Camas Police Department, Child Protective Services in Vancouver, Washington, the U.S. Department of Homeland Security/Homeland Security Investigations, the Multnomah County District Attorney’s Office, the Clark County, Washington Prosecutor’s Office, and the U. S, Attorney’s Office.  The case was prosecuted by Assistant U.S. Attorney Jane Shoemaker.

EUGENE, Ore. – Mitchell Levi Ellingson, 52, of Lane County, Oregon, was sentenced on Tuesday, September 1, 2015, by U.S. District Judge Michael McShane to 60 months in prison for conspiracy to distribute heroin and methamphetamine.  Following his release from prison, Ellingson will be on supervised release for five years.

Following a drug overdose death in 2014, the Lane County Interagency Narcotics Team (INET) and the FBI investigated the source of supply of the drugs taken by the deceased, and determined that co-conspirator Megan Suzanne Jacob sold, and injected, the heroin that contributed to the overdose death.  After a medical examination, the cause of death was determined to be a mixed drug overdose of heroin and methamphetamine.  Because the deceased had used a significant amount of methamphetamine earlier in the day that was obtained from another source, the death could not solely be attributed to Jacob and her distribution of heroin.

In July 2014, law enforcement made a series of controlled purchases of heroin and methamphetamine from Jacob, and it was determined that Mitchell Ellingson was Jacob’s source of supply for these transactions.  Both Jacob and Ellingson were arrested on July 30, 2014.  Jacob pled guilty to conspiracy to distribute heroin and methamphetamine and was sentenced to 60 months in prison on June 17, 2015.

Acting U.S. Attorney Billy J. Williams said that, “Heroin is a deadly drug that causes far too many tragic and needless deaths.  The U.S. Attorney’s Office is committed to working with our federal and local law enforcement partners to fight this epidemic, and to hold heroin traffickers accountable.”

Ellingson has prior felony convictions which include first degree burglary, possession of a controlled substance and assault on a public safety officer.

The investigation of this case was conducted by the Lane County Interagency Narcotics Team and the Eugene Resident Agency office of the FBI.  The case was prosecuted by Assistant U.S. Attorney Jeffrey Sweet.

PORTLAND, Ore. –Eric Allen Forsyth, 37, of Tigard, Oregon, was sentenced by U.S. District Judge Michael H. Simon on Thursday, August 27, 2015,  to 12 years in federal prison following his federal conviction for possession with the intent to distribute methamphetamine.  When the defendant is released from prison, he will serve five years of supervised release.

In February 2014, Beaverton Police Officers received information that the defendant was selling methamphetamine.  As part of the investigation, on April 14, 2014, deputies with the Westside Interagency Narcotics (WIN) Team conducted a traffic stop on a car in which the defendant was a passenger and arrested him on an outstanding warrant.  When the defendant was searched, officers found him carrying $8,801 in cash and 55.5 grams of methamphetamine.  A search warrant was later executed on the defendant’s residence and officers seized approximately 549 grams of methamphetamine packaged in 14 individual bags.  According to police reports, following his arrest, the defendant admitted that he sold approximately one to two pounds of methamphetamine every day “for the money.”

In imposing the sentence Judge Simon noted that this was a “very serious offense” and that, based upon his prior criminal history, the defendant qualified as a Career Offender under the Federal Sentencing Guidelines.  The defendant has three state court convictions for the Unlawful Delivery of a Controlled Substance.

"Methamphetamine has been identified as the region’s most serious drug threat,” stated Acting U.S. Attorney Billy Williams. “I applaud the work done by our local law enforcement partners on this case and we will continue to work with them to hold these drug dealers accountable for their actions.”

According to the Oregon High Intensity Drug Trafficking Area (HIDTA) Program:

Methamphetamine in the form of crystal methamphetamine, or “ice,” continues to be readily available and widely used throughout the Oregon HIDTA and represents the region’s most serious drug threat.  Methamphetamine is a highly addictive central nervous system stimulant that is abused for its euphoric and stimulant effects.  Chronic methamphetamine abusers exhibit violent behavior, confusion, insomnia and psychotic characteristics such as hallucinations and paranoia.  Methamphetamine-related crime, such as identity theft, abused and neglected children, and other serious person and property crimes, continues to occur at a palpable rate and is prevalent throughout the HIDTA region.

Oregon and Idaho law enforcement officers surveyed in 2015 indicated methamphetamine remains a significant threat due to its level of use and availability; nexus to other crimes such as violent activity and property crime; societal impact; and connection to drug trafficking organizations, primarily MNDTOs [multi-national drug trafficking organizations].  Of law enforcement agencies surveyed, 62 percent reported methamphetamine as the greatest Oregon HIDTA Program drug threat to their area, with the majority indicating methamphetamine as the drug that contributes most to violent crime (88%) and property crime (69%).  Furthermore, over 60 percent of officers ranked methamphetamine as the drug that serves as the primary funding source for major criminal activity.

Threat Assessment and Counter-Drug Strategy, Program Year 2016, Oregon HIDTA Program, at 12-13 (June 2015).

This case was investigated by the Westside Interagency Narcotics (WIN) Team and the Beaverton Police Department.  The case was prosecuted by Assistant U. S. Attorney Scott Kerin.

PORTLAND, Ore. - A Portland, Oregon married couple pleaded guilty before U.S. District Judge Robert E. Jones in the District of Oregon today for conspiring to file fraudulent federal income tax returns that claimed refunds of more than $1 million.

According to the plea agreement, spouses Shawntina Ware and Brandon Leath admitted to conspiring with each other and other individuals to prepare and file more than 227 fraudulent income tax returns for calendar year 2009 during the 2010 tax filing season.  The false information on the tax returns included fictitious W-2 wage and withholding information and fraudulent refundable tax credits.

According to court documents, Leath has agreed to a sentencing recommendation of 24 months in prison for his crimes. Ware faces a statutory maximum sentence of 10 years in prison for the theft of government funds count, and a statutory maximum sentence of 5 years in prison for both the conspiracy count and the false claims count.

Ware and Leath agreed to pay restitution to the Internal Revenue Service with a combined total of more than $150,000, and will each be sentenced on November 3, 2015.

The special agents of Portland, Oregon IRS-Criminal Investigation investigated the case.  Trial Attorneys Lori A. Hendrickson and Ryan R. Raybould of the Tax Division are prosecuting the case, with valuable assistance from the U.S. Attorney’s Office in Portland, Oregon.

PORTLAND, Ore. – Tyson Gregory Fortner, 36, of Portland, Oregon, was sentenced by U.S. District Judge Marco A. Hernandez to 120 months in prison following his federal conviction for possession with the intent to distribute methamphetamine.  When the defendant is released from prison, he will serve five years of supervised release.

On June 26, 2013, investigators from the Clackamas County Interagency Task Force received information from a confidential informant (CI) that the defendant was a methamphetamine dealer operating in the Portland, Oregon area.  Surveillance teams set up on the defendant’s residence in Portland, Oregon and, after he was observed driving away from the residence, they conducted a traffic stop on his car.  The defendant was found to be driving without a license.  A subsequent search of the defendant’s car found 89 grams of methamphetamine, 38 grams of heroin, a digital scale, and $8,100 in cash.  When the officers searched the defendant they found a drug record ledger and $655 in cash.  A subsequent search of the defendant’s residence resulted in the discovery of an additional 572 grams of methamphetamine, 123 grams of heroin, 4 grams of psilocybin mushrooms, 14 grams of cocaine, drug packaging material, a digital scale, a .45 caliber Smith and Wesson handgun, a .45 caliber Colt handgun, brass knuckles, and $49,850 in cash.  The officers’ investigation revealed that the defendant possessed the drugs with the intent to distribute them and that over the previous eight months he had conservatively distributed at least 84 kilograms of methamphetamine and 567 grams of heroin.  The defendant was arrested and indicted on federal charges on July 9, 2013.

“Methamphetamine has been identified as the region’s most serious drug threat, and heroin is a close second,” stated Acting U.S. Attorney Billy Williams.  “Our office will continue to work with law enforcement to prosecute these significant drug dealers who are spreading destruction throughout the community for their own personal profit.”

According to the Oregon High Intensity Drug Trafficking Area (HIDTA) Program:

Methamphetamine in the form of crystal methamphetamine, or “ice,” continues to be readily available and widely used throughout the Oregon HIDTA and represents the region’s most serious drug threat.  Methamphetamine is a highly addictive central nervous system stimulant that is abused for its euphoric and stimulant effects.  Chronic methamphetamine abusers exhibit violent behavior, confusion, insomnia and psychotic characteristics such as hallucinations and paranoia.  Methamphetamine-related crime, such as identity theft, abused and neglected children, and other serious person and property crimes, continues to occur at a palpable rate and is prevalent throughout the HIDTA region.

Oregon and Idaho law enforcement officers surveyed in 2015 indicated methamphetamine remains a significant threat due to its level of use and availability; nexus to other crimes such as violent activity and property crime; societal impact; and connection to drug trafficking organizations, primarily MNDTOs [multi-national drug trafficking organizations].  Of law enforcement agencies surveyed, 62 percent reported methamphetamine as the greatest Oregon HIDTA Program drug threat to their area, with the majority indicating methamphetamine as the drug that contributes most to violent crime (88%) and property crime (69%).  Furthermore, over 60 percent of officers ranked methamphetamine as the drug that serves as the primary funding source for major criminal activity.

Threat Assessment and Counter-Drug Strategy, Program Year 2016, Oregon HIDTA Program, at 12-13 (June 2015).

The HIDTA report also noted that “heroin availability and its use has reached a critical level and represents a close second to methamphetamine as the region’s most serious drug threat” and that “[n]early a quarter (24%) of law enforcement officers surveyed in Oregon and Idaho in 2015 indicated that heroin was the principal threat to their area due to the substantial rise in availability and the increase in the number of new and younger users and associated overdoses.”  Id. at 20.

This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF) joint investigation involving the Clackamas County Interagency Task Force, the Drug Enforcement Administration, Department of Homeland Security Investigations, the Portland Police Bureau and the U.S. Attorney’s Office.  The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking organizations and those primarily responsible for the nation’s illegal drug supply.  The case was prosecuted by Assistant U. S. Attorney Scott Kerin.

MEDFORD, Ore. - On Monday, June 29, 2015, Bradley William Monical pled guilty to bank robbery and weapons charges related to a string of armed bank robberies he committed in 2010.  Monical pled guilty to three armed bank robberies that occurred in Medford, Klamath Falls and Redmond, Oregon.  He also pled guilty to using a firearm in connection with a violent crime based on his use of a handgun in the Medford and Klamath Falls robberies.  Monical also pled guilty to three armed bank robberies that occurred in Washington and an additional bank robbery that occurred in Idaho.

Monical was in custody on pending bank robbery charges when he escaped from the Jackson County Jail on November 19, 2012.  Monical was later found in Oregon City and was arrested by the United States Marshals.  At the time of his arrest, he was found with his girlfriend, Carolyn Gibson.  Gibson pled guilty to concealing a person from arrest for providing money and a vehicle for Monical after his escape.  Gibson was sentenced to probation on February 2, 2015.

Monical is scheduled to be sentenced on September 23, 2015, before the Honorable Michael McShane.

This case was investigated by the Medford Police Department, the Jackson County Sheriff’s Office, the FBI, and the United States Marshals Service, and was prosecuted by Assistant U.S. Attorney Judith R. Harper.

PORTLAND, Ore, – Sean Michael Davies, 22, a U.S. Citizen residing in Warrenton, Oregon, was arrested this morning after he surrendered to agents of the FBI in connection with charges involving the planting of a fake bomb on a Dutch airliner.  Davies is charged in a two-count indictment with making a false report of a destructive device which could damage or destroy an aircraft, and conveying false information about a destructive device which could damage or destroy an aircraft.  Both charges carry a maximum penalty of five years in prison and a $250,000 fine.

According to the indictment, on October 20, 2014, Davies was travelling on Flight 569 operated by KLM Royal Dutch Airlines between Amsterdam, Netherlands, and Kilimanjaro and Dar Es Salaam, Tanzania.  Davies allegedly constructed what appeared to be a possible bomb or destructive device, hid it in the restroom of the aircraft, and then falsely reported to the flight crew that he had discovered the device, causing KLM Flight 569 to be diverted to Cairo, Egypt.

Davies appeared today before United States Magistrate John Acosta who set the trial on the charges for September 1, 2015, before United States District Judge Michael W. Mosman.  Davies is charged in the District of Oregon, as he is a U.S. citizen and a resident of Oregon.

This case was investigated by the FBI with the assistance of authorities in the Netherlands.  The prosecution is being handled by Assistant U.S. Attorney Charles F. Gorder, Jr. from the U.S. Attorney’s Office in the Portland, Oregon.

An indictment is only an allegation and not evidence of guilt.  Davies is presumed innocent unless and until proven guilty in court.

PORTLAND, Ore. – Ivan Zarate-Alvarado, 27, originally from Michoacán, Mexico, was sentenced by U.S. District Judge Michael H. Simon to 87 months in prison following his federal conviction for possession with the intent to distribute methamphetamine.  When the defendant is released from prison, he will serve three years of supervised release.

On June 27, 2013, investigators from the Clackamas County Interagency Task Force utilized a confidential informant (CI) to conduct a controlled buy of approximately two kilograms of methamphetamine from the defendant, who the CI knew was a methamphetamine dealer.  When the defendant showed up to do the deal, he was arrested.  Inside the defendant’s vehicle officers located approximately 1,917 grams of pure methamphetamine.           

“Methamphetamine has been identified as the region’s most serious drug threat,” stated Acting U.S. Attorney Billy Williams.  “Our office will continue to work with law enforcement to prosecute those significant dealers who profit by selling these poisons within our community.”

According to the Oregon High Intensity Drug Trafficking Area (HIDTA) Program:

Methamphetamine in the form of crystal methamphetamine, or “ice,” continues to be readily available and widely used throughout the Oregon HIDTA and represents the region’s most serious drug threat.  Methamphetamine is a highly addictive central nervous system stimulant that is abused for its euphoric and stimulant effects.  Chronic methamphetamine abusers exhibit violent behavior, confusion, insomnia and psychotic characteristics such as hallucinations and paranoia.  Methamphetamine-related crime, such as identity theft, abused and neglected children, and other serious person and property crimes, continues to occur at a palpable rate and is prevalent throughout the HIDTA region.

Oregon and Idaho law enforcement officers surveyed in 2015 indicated methamphetamine remains a significant threat due to its level of use and availability; nexus to other crimes such as violent activity and property crime; societal impact; and connection to drug trafficking organizations, primarily MNDTOs [multi-national drug trafficking organizations].  Of law enforcement agencies surveyed, 62 percent reported methamphetamine as the greatest Oregon HIDTA Program drug threat to their area, with the majority indicating methamphetamine as the drug that contributes most to violent crime (88%) and property crime (69%).  Furthermore, over 60 percent of officers ranked methamphetamine as the drug that serves as the primary funding source for major criminal activity.

Threat Assessment and Counter-Drug Strategy, Program Year 2016, Oregon HIDTA Program, at 12-13 (June 2015).

This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF) joint investigation involving the Clackamas County Interagency Task Force, the Drug Enforcement Administration, Department of Homeland Security Investigations, the Portland Police Bureau and the U.S. Attorney’s Office.  The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking organizations and those primarily responsible for the nation’s illegal drug supply.  The case was prosecuted by Assistant U. S. Attorney Scott Kerin.

PORTLAND, Ore. – A federal grand jury returned an indictment charging Diana Yates of Sherwood, Oregon and Dan Heine, of Naples, Florida, with one count of conspiring to defraud The Bank of Oswego.  The grand jury also charged Heine and Yates with 26 counts of false entries in bank records.  Both were arrested on Friday and Yates made her appearance in Portland, Oregon before the Honorable John Acosta.  Heine was arraigned in the Middle District of Florida and will make an appearance in the District of Oregon on a later date next month.

Heine is the former Chief Executive Officer of the Bank of Oswego and Yates is its former Chief Financial Officer.  The indictment alleges that between September 2009 and through 2014, Heine and Yates conspired to defraud the Bank of Oswego.  The purpose of the conspiracy was to deceive the Bank’s Board of Directors, its shareholders, regulators and the public by representing that the Bank was in a much better financial position than it actually was.  The defendants achieved this by using Bank or third-party proceeds to pay delinquent loans of customers, mischaracterizing assets in reports to the Board of Directors of the Bank and the Federal Deposit Insurance Corporation (FDIC), and concealing information about loans to bank insiders.  The indictment further alleges that Heine and Yates made false entries in the Bank’s reports to the FDIC and to the Bank’s Board of Directors about the status of various loans and transactions.  

“Our community and economy depend on the integrity of our financial institutions and the officers charged with ensuring their safety and soundness,” stated Acting U.S. Attorney Billy J. Williams.  “Officers who make material misrepresentations about these institutions’ financial well-being will be prosecuted in this District.  We are grateful to our law enforcement partners at the FDIC Office of Inspector General and the Federal Bureau of Investigation for their work on this case.”

"The Federal Deposit Insurance Corporation Office of Inspector General is pleased to join the United States Attorney’s Office for the District of Oregon and with the Federal Bureau of Investigation (FBI) in defending the integrity of the financial services industry,” said Wade Walters, Special Agent in Charge for the FDIC’s, Office of Inspector General.  “We are particularly concerned when senior bank officials, who are in positions of trust within their institutions, are alleged to have falsified financial records to deceive the regulators and the public as to the true condition of their banks. We are committed to helping maintain the safety and soundness of the Nation’s financial institutions.”

“Americans have a right to expect that their financial institutions - and the people who run them - are working to keep their money safe and secure,” said Greg Bretzing, Special Agent in Charge of the FBI in Oregon.  “When that trust is broken, the impacts on the community, the shareholders and the customers are very real.  As alleged in this indictment, the damage estimates can soar into the millions of dollars.”

Each charge carries a maximum sentence of thirty (30) years in prison.  If convicted, the defendants face a maximum of thirty years in prison for each count.

An indictment is only an accusation of a crime, and a defendant should be presumed innocent unless and until proven guilty.

The Federal Bureau of Investigation and the Federal Deposit Insurance Corporation, Office of the Inspector General conducted the investigation.  Assistant U.S. Attorneys Claire Fay and Michelle Holman Kerin are prosecuting the case.

EUGENE, Ore - Calling the defendant’s conduct “huge criminal thinking,” a Bandon man was sentenced on Wednesday to eight months’ confinement at the Residential Reentry Center in Medford and ordered to pay more than $169,000 in restitution for disability and medical benefits he fraudulently received.  Daniel Stadelman, 55, pleaded guilty in October to theft of government funds based on his concealment of work activity from the Social Security Administration (SSA) for more than ten years.

According to Stadelman’s admissions and court records, Stadelman applied for disability benefits in 2001, claiming he was unable to work due to an illness that left him severely fatigued.  SSA initially denied his application, but Stadelman appealed and eventually an Administrative Law Judge (ALJ) approved his claim in 2004.  Despite the ALJ’s admonition to Stadelman that he be aware of the reporting requirements if he returned to work, Stadelman failed to advise SSA that he was working for himself and for his family’s business, Bandon Supply, where investigators – prompted by an anonymous complaint - observed him working lengthy hours, lifting heavy objects, and operating large machinery.  When SSA asked Stadelman if he had returned to work, Stadelman repeatedly denied work of any kind.  After federal investigators served a search warrant on Bandon Supply and defendant’s residence in June 2014, Stadelman retained counsel and contacted the government to negotiate a plea resolution.

During the sentencing hearing, U.S. Chief District Court Judge Ann Aiken called Stadelman’s crime a “significant violation of public trust” telling Stadelman that people should know that “just doing the right thing is what is expected,” and that although he may have initially been eligible for the benefits, he “should have been proud to say ‘I don’t need them anymore’” when he returned to work.  She also ordered him to perform 225 hours of community service.  Stadelman has already remitted more than $150,000 to the government for his court-ordered restitution obligation.

Stadelman’s case was investigated by the Social Security Administration Office of Investigations in Salem and was prosecuted by Special Assistant U.S. Attorney Helen Cooper as part of a partnership venture between the Seattle Region, SSA Office of the General Counsel and the U.S. Attorney’s Office in Portland, Oregon.