Eastern District of Washington

The Justice Department announced today that Bechtel National Inc., Bechtel Corp., URS Corp. (predecessor in interest to AECOM Global II LLC) and URS Energy and Construction Inc. (now known as AECOM Energy and Construction Inc.) have agreed to pay $125 million to resolve allegations under the False Claims Act that they made false statements and claims to the Department of Energy (DOE) by charging DOE for deficient nuclear quality materials, services, and testing that was provided at the Waste Treatment Plant (WTP) at DOE’s Hanford Site near Richland, Washington.  The settlement also resolves allegations that Bechtel National Inc. and Bechtel Corp. improperly used federal contract funds to pay for a comprehensive, multi-year lobbying campaign of Congress and other federal officials for continued funding at the WTP.  Bechtel Corp. and Bechtel National Inc. are Nevada corporations.  URS Corp. is headquartered in California, and URS Energy & Construction Inc. is headquartered in Colorado.

“The money allocated by Congress for the Waste Treatment Plant is intended to fund the Department of Energy’s important mission to clean up the contaminated Hanford nuclear site, and this mission is undermined if funds are wasted on goods or services that are not nuclear compliant or to further lobbying activities,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “This settlement demonstrates that the Justice Department will work to ensure that public funds are used for the important purposes for which they are intended.”

“The environmental clean-up and restoration of the land that comprises the Hanford Nuclear Reservation is one of the single most important projects in this region,” said U.S. Attorney Michael C. Ormsby of the Eastern District of Washington. “It is imperative that funds allocated for this project be used appropriately and judiciously – the public expects nothing less.  This office and our DOJ and DOE counterparts take allegations of contractor abuse seriously and place a priority on investigating and pursuing enforcement when those allegations could impact the safety and security of our citizens.”

“The DOE Office of Inspector General is committed to ensuring the integrity of Departmental contracts and financial expenditures,” said Acting Inspector General Rickey R. Hass. “We will continue to steadfastly investigate allegations of fraudulent diversion of tax dollars throughout DOE programs and appreciate the support of DOJ attorneys in these matters.”

Between 2002 and the present, DOE has paid billions of dollars to the defendants to design and build the WTP, which will be used to treat dangerous radioactive wastes that are currently stored at DOE’s Hanford Site.  The contract required materials, testing and services to meet certain nuclear quality standards.  The United States alleged that the defendants violated the False Claims Act by charging the government the cost of complying with these standards when they failed to do so.  In particular, the United States alleged that the defendants improperly billed the government for materials and services from vendors that did not meet quality control requirements, for piping and waste vessels that did not meet quality standards and for testing from vendors who did not have compliant quality programs.  The United States also alleged that Bechtel National Inc. and Bechtel Corp. improperly claimed and received government funding for lobbying activities in violation of the Byrd Amendment, and applicable contractual and regulatory requirements, all of which prohibit the use of federal funds for lobbying activities.

The allegations resolved by this settlement were initially brought in a lawsuit filed under the qui tam, or whistleblower, provisions of the False Claims Act by Gary Brunson, Donna Busche, and Walter Tamosaitis, who worked on the WTP project.  The False Claims Act permits private parties to sue on behalf of the United States when they believe that a party has submitted false claims for government funds, and to receive a share of any recovery.  The Act also permits the government to intervene in such a lawsuit, as it did in part in this case.  The whistleblowers’ reward has not yet been determined.

This matter was handled by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the Eastern District of Washington, the DOE Office of the Inspector General and the FBI.

The claims asserted against defendants are allegations only, and there has been no determination of liability.  The case is United States ex rel. Brunson, Busche, and Tamosaitis v. Bechtel National, Inc., Bechtel Corp., URS Corp., and URS Energy & Construction, Inc., Case No. 2:13-cv-05013-EFS (E.D. Wash.).

Yakima – Today, Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Angel Jose Rangel, age 34, of Yakima, Washington, was sentenced today after having previously plead guilty on August 17, 2016, to being a Felon in Possession of a Firearm. United States District Judge Stanley A. Bastian sentenced Rangel to a 100-month term of imprisonment, to be followed by a three-year term of court supervision after he is released from Federal prison.

According to information disclosed during the court proceedings, on June 21, 2015, the Defendant and two other men entered a bar in Yakima, Washington. The three men were dressed in the color blue. Security officers recognized the blue to be associated with the Sureno street gang. The three men walked over to a group of males who were wearing the color red. Security officers were aware that the color red is associated with the Norteno street gang. Shortly thereafter all of the men quickly exited the bar and proceeded to fight in the parking lot. Security guards rushed outside to stop the fight. The Defendant was losing the fight so he ran to his vehicle and obtained a firearm. The Defendant returned to the parking lot and began waving the firearm while yelling expletives. Security guards and others convinced the Defendant not to shoot anyone. The Defendant and his two friends entered a vehicle and departed from the scene.

Officers with the Yakima Police Department (“YPD”) quickly arrived at the scene. Officers reviewed the video footage. An experienced YPD gang officer identified the Defendant and other individuals who had been involved in the gang fight. The officer was aware that the Defendant was known to be a high ranking Sureno gang member.

A few hours later, YPD officers responded to a second bar in regards to a gang fight in progress. A YPD officer observed the Defendant seated in a vehicle. The Defendant was arrested for a community supervision violation. Police obtained a search warrant and found two loaded firearms inside of the vehicle. A loaded pistol was recovered directly beneath where the Defendant had been seated.

The Defendant has a lengthy criminal history which includes convictions for Drive-By Shooting (1997); Drive-By Shooting (1999); Unlawful Possession of a Firearm (2005); Possession of a Dangerous Weapon (2005); Possession of Methamphetamine (2005); Second Degree Robbery (2006); Third Degree Assault (2007); and Second Degree Assault with a Deadly Weapon (2009).

Michael C. Ormsby, U.S. Attorney for the Eastern District of Washington, said, “the United States Attorney’s Office and our law enforcement partners are committed to protect our community from gang related violence. The United States Attorney’s Office will continue to seek lengthy sentences to remove dangerous gang members from our streets. In this case, the Yakima Police Department Gang Unit conducted a thorough investigation, conducted dozens of interviews, and collected all of the evidence to ensure that justice would prevail.”

The investigation was completed by the Yakima Police Department, the Eastern Washington Violent Gangs Safe Streets Task Force/Yakima, and the Department of Homeland Security. This case was prosecuted by Tom Hanlon, an Assistant U.S. Attorney for the Eastern District of Washington.

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Alfredo Mendoza, age 34, of Warden, Washington, was sentenced today after having previously plead guilty on August 30, 2016, to Production of Child Pornography and to being a Felon in Possession of a Firearm. United States District Judge Salvador Mendoza, Jr. sentenced Mendoza to a 15-year term of imprisonment, to be followed by a ten-year term of court supervision after he is released from Federal prison. In addition, Mendoza will be required to register as a sex offender.

According to information disclosed during the court proceedings, in November 2015, Mendoza was under investigation for his potential involvement in a series of gang-related drive-by shootings that had occurred in Grant County, Washington. Law enforcement officers obtained a search warrant for Mendoza’s residence. Upon executing the warrant, they discovered a loaded 9mm revolver in Mendoza’s bedroom. The firearm was forensically examined and Mendoza’s thumb print was found on it. His cellular telephone was also seized from the bedroom, which telephone was thereafter examined pursuant to a court-authorized search warrant to look for evidence of the earlier gang-related shootings.

When law enforcement officers discovered images of child pornography while examining Mendoza’s phone, they obtained a second search warrant. The officers’ follow-on investigation revealed that Mendoza had directed an underage girl to take pornographic photos of herself and text them to him. He had also created videos of sexual acts with the girl. Some of the images were taken in Mendoza’s bedroom and, in one video, he can be seen setting up the camera. Mendoza knew the victim was a minor at the time. The girl was a friend of Mendoza’s daughter and lived with him for a time.

At the sentencing hearing today, the Judge emphasized that the victim “was a child” and that he was troubled by “the manner in which [Mendoza] manipulated” her. The Judge also stated that Mendoza “had an opportunity to right this ship” and step away from his long history of gang-related violence, telling him “you created this and now you have theability to change.”

Michael C. Ormsby said, “This case is a superb example of the excellent work that can be accomplished when state and federal law enforcement work together. I commend the Grant County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Today’s sentence should serve as a warning that child pornography and firearm offenses will be actively and aggressively pursued by federal and state law enforcement officers.”

This investigation was conducted by the Grant County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by Alison L. Gregoire and Allyson Edwards, Assistant United States Attorneys for the Eastern District of Washington.

The Justice Department announced today that it has filed a lawsuit against the owners, builder and designer of the Ashlynn Estates in Ellensburg, Washington, alleging that the property was designed and constructed without complying with the Fair Housing Act’s (FHA) accessibility requirements.  Situated near Central Washington University, each of the three buildings on the property have nine individually keyed units with their own bathroom and desk as well as a shared living space, a communal kitchen and two communal laundry rooms.

“When constructing new multifamily housing, including dormitory style residences like Ashlynn Estates, builders must make these facilities accessible to persons with disabilities,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division.  “Building multifamily housing that is not accessible denies people with disabilities their legal right to equal housing opportunity.”                              

“The Fair Housing Act was originally enacted in 1968 and was amended in 1988 to prohibit discrimination on any protected basis, including disability,” said U.S. Attorney Michael C. Ormsby of the Eastern District of Washington.  “This statute and other legislation guarantees safe and reasonable access for persons with disabilities to ensure full participation in all aspects of life, including housing.  The DOJ’s Civil Rights Division, HUD and the U.S. Attorney’s Office take serious allegations of disability-based discrimination through access violations and we join our colleagues in seeking enforcement of those rights guaranteed by this historic legislation.”

The suit, filed in the U.S. District Court for the Eastern District of Washington, alleges that various barriers at the Ashlynn Estates deny persons with disabilities equal access to 12 ground-floor units and the associated public and common-use areas at the property that are covered by the FHA.  Such barriers include: inaccessible building entrances on an inaccessible exterior route; inaccessible knob hardware throughout the buildings, including on the building entrances and unit entrances; inaccessible electrical outlets; inaccessible laundry facilities; inaccessible bathrooms and inaccessible walk-in closet entrances. 

The lawsuit arises from a complaint filed with the U.S. Department of Housing and Urban Development (HUD) by the Northwest Fair Housing Alliance (NWFHA), a private, nonprofit corporation whose mission is to provide education regarding fair housing laws and to ensure compliance with those laws in Washington.  NWFHA inspected the Ashlynn Estates and observed accessibility barriers.  After conducting an investigation, HUD issued a charge of discrimination and referred the case to the Justice Department.

“The Fair Housing Act’s design and construction requirements are clear,” said Gustavo Velasquez, HUD’s Assistant Secretary for Fair Housing and Equal Opportunity.  “Not complying not only violates the law, it also reduces the availability of the type of housing persons with disabilities depend on.  HUD applauds the action the Justice Department took today, and we look forward to continuing to work together to send a clear message to property owners and developers that they will be held accountable for not meeting their legal obligations.”

The suit names the owners of the property, Keith and Tamra Riexinger, and Riexinger Enterprises Inc., also known as Crossroads Construction, the firm that designed and constructed the property.  The suit seeks a court order requiring the defendants to retrofit the Ashlynn Estates property to bring it into compliance with the FHA, as well as monetary damages for NWFHA and for persons harmed by the lack of accessibility at the complex.

The FHA prohibits discrimination in housing based on race, color, religion, national origin, sex, familial status and disability.  Among other things, the FHA requires all multifamily housing constructed after March 12, 1991, to have basic accessibility features, including accessible routes without steps to all ground-floor units.  More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt.  Individuals who believe that they may have been victims of housing discrimination can call the Justice Department at 1-800-896-7743, email the Justice Department at fairhousing@usdoj.gov or contact HUD at 1-800-669-9777.

Riexinger Complaint

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Steven Harris, of Spokane, Washington, was sentenced today after having previously pleaded guilty on June 28, 2016, to attempted production of child pornography. United States District Judge Salvador Mendoza, Jr. sentenced Harris to a 25-year term of imprisonment, to be followed by a life-term of court supervision after he is released from Federal prison. In addition, Harris will be required to register as a sex offender.

According to information disclosed during the court proceedings, an investigation began in September, 2015 after Harris, a registered sex offender who had served as a volunteer with the Boy Scouts of America, uploaded a file containing child pornography from a specific Internet Protocol address to Omegle.com (a free online video chat website that randomly pairs users in one-on-one chat sessions where they chat anonymously using the names "You" and "Stranger”). The Internet Protocol address was linked to Harris’ residence. Law enforcement officers executed a search warrant at Harris’s residence and seized several electronic devices – officers discovered Harris not only possessed and distributed child pornography, he produced it, using websites like Omegle and Skype.

Officers discovered that Harris produced a library of child pornography which consisted primarily of juvenile boys masturbating. Harris utilized more than one means to get the children to masturbate, so that he could produce the recordings. For example, some of the victims were made to believe that Harris was a minor-aged girl. Harris maintained a series of webcam videos of a teenage girl, which he would use to entice juvenile boys to masturbate. Harris had the video files divided into several sections to include “brunetteshow,” “brunettetalk,” “brunettetalk2,” “Brunettetease,” “brunettewave,” and so on. All of the videos portrayed the same pubescent female waiving, communicating, exposing her chest, and dancing nude. Harris purported to be the teenage girl himself and would play the clips in a logical order that made sense with the conversation. The conversation was typed, as Harris informed his juvenile victims his computer’s microphone did not work. Harris would type that if the boys would get naked or masturbate, the teenage girl would do certain things of a sexual nature in return. When the children would eventually masturbate, Harris would record the acts and store the video on his computer.

Harris also used virtual webcam software to play child pornography over Omegle. The internet users he was randomly paired with on Omegle would either see the pornography and immediately move on or stay and watch the video. If juveniles stayed they were encouraged to engage in sexually explicit acts. If they did so, Harris would capture the acts on video and save the video.

Harris captured videos of children masturbating for a period of approximately two years. Harris’s desktop computer contained two folders of pictures which stored illegal images. One folder was for raw video he captured. The other was entitled, “Record.” Within that folder was a subfolder called “Save” which contained child pornography Harris produced, and within that folder was yet another subfolder, indicative of Harris’s goal in meeting the children on Omegle, entitled, “Win,” which contained over 500 videos nearly exclusively of boys masturbating. Harris shared some of the videos he created with other internet users, in exchange for other child pornography.

At sentencing a very contrite Harris told the judge that he understood the sentencing to be “less about me and more about the people that I’ve hurt, and I think that is right. I think your consideration should be more about the victims.” Harris detailed his remorse and stated, “Had I not been caught, I probably would have accelerated into more and more dangerous behaviors.”

When imposing the 25 year sentence, Judge Mendoza stated that Harris’s actions would have “far reaching consequences for the victims,” noting that “we are talking about real children here. These are real people, and not just real people, real children.” He went on to state, “The fact you were assisting in the creation of this material and assisting in the marketplace for this material is very concerning.”

Michael C. Ormsby said, “This case is a fine example of the great work that can be done when state and federal law enforcement work together. Harris fully exploited the anonymity the video chat site afforded him to the great harm of unsuspecting children. Today’s sentence should serve as a warning to those who think they are acting with immunity online; such criminals will be actively and aggressively pursued by federal and state law enforcement.”

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. The Project Safe Childhood Initiative (“PSC”) has five major components:

· Integrated federal, state, and local efforts to investigate and prosecute child

exploitation cases, and to identify and rescue children;

· Participation of PSC partners in coordinated national initiatives;

· Increased federal enforcement in child pornography and enticement cases;

· Training of federal, state, and local law enforcement agents; and

· Community awareness and educational programs.

For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."

This investigation was conducted by the Federal Bureau of Investigation in conjunction with the Spokane County Sheriff’s Office. The case was prosecuted by Alison L. Gregoire, an Assistant United States Attorney for the Eastern District of Washington.

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced Erick Halkier Hansen, age 58, of Inglewood, California, was sentenced today by Chief United States District Judge Thomas O. Rice to five years in federal prison as a result of his conviction for Conspiracy to Commit Wire and Mail Fraud. Chief Judge Rice also ordered Hansen to pay $2,872,300 in restitution to 51 investors who lost money as a result of Hansen’s criminal activity and required Hansen to serve three years of supervised release upon the completion of his sentence. Previously, on June 9, 2016, Chief Judge Rice also sentenced Sean Michael Borzage Boyd of Provo, Utah to 3 years in federal prison for his role in the same conspiracy. Chief Judge Rice ordered Boyd to pay restitution along with Hansen.

On March 24, 2016, the Defendant pled guilty to Conspiracy to Commit Wire and Mail Fraud with regard to his operation of BlueStar Digital Technologies, Inc. (“BlueStar”) and related entities in Spokane, Washington from October, 1, 2010 through January 1, 2014. Hansen was the President and Chief Executive Officer of BlueStar during the timeframe alleged in the indictment. According to information disclosed during court proceedings, the conspiracy involved Hansen’s solicitation of funds from investors across the United States for three separate schemes.

First, in 2010 Hansen took funds from investors based on representations that BlueStar had a contract for the exclusive distribution rights to video footage of a recently deceased celebrity (the “Celebrity Footage”) and that BlueStar would replicate large numbers of Blu-ray Discs containing the Celebrity Footage for profit. Hansen knew, however, that: 1) BlueStar, was not capable of replicating large numbers of Blu-ray Discs at that time and therefore could not perform under the contract regarding the Celebrity Footage; and, 2) BlueStar took no meaningful steps to undertake any production or distribution of the Celebrity Footage on Blu-ray Discs.

Second, in 2012 Hansen took funds from investors based on representations that BlueStar had a contract with a film company to release an animated film that BlueStar would exclusively distribute, including through distribution on Blu-ray Discs. Hansen continued to take funds from investors after the contract with the film company expired based on BlueStar’s failure to perform under the contract.

Third, also in 2012, Hansen signed a non-binding memorandum of understanding with an individual and another film company wherein BlueStar and the film company agreed to explore the possibility of the film company investing in BlueStar. Hansen knew that the memorandum of understanding with the film company was not binding, but continued to collect investor funds as if the deal were imminent. The deal never materialized.

Chief Judge Rice found the total loss from Hansen’s criminal activity to be $2,872,300.

Michael C. Ormsby said, “Today’s sentence reflects the seriousness of this major fraud scheme. I commend the FBI, the IRS-CID, and the Washington State Department of Financial Institutions for their tireless efforts in pursuing the investigation of this case. Prosecuting fraud matters is a priority for the United States Attorney’s Office here in the Eastern District of Washington.”

The investigation of this case was conducted by: (a) the Federal Bureau of Investigation, (b) the Internal Revenue Service, Criminal Investigation, and (c) the Washington State Department of Financial Institutions. The case was prosecuted by James A. Goeke and George J.C. Jacobs III, Assistant U.S. Attorneys for the Eastern District of Washington.

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced Roberto L. Llerenas, Jr., age 36, of Benton City, Washington, was sentenced today to 30 years in federal prison as a result of his convictions on four counts of trafficking two children under 18 for commercial sex.

On June 30, 2016, the defendant was found guilty by jury trial on two counts of Sex Trafficking of Children or Sex Trafficking by Force, Fraud or Coercion and two counts of Financially Benefiting from Sex Trafficking by Force, Fraud, or Coercion, all involving two victims.

Today, Senior United States District Judge Edward F. Shea, who presided over the trial, sentenced Llerenas to a total of 30 years in federal prison for each count of conviction, with the sentences to run concurrently. Judge Shea further ordered that Llerenas must spend the rest of his life on supervised release and must register as a sex offender.

Llerenas prostituted two fifteen-year-old girls between June 1, 2013 and July 13, 2013, in and around migrant worker camps, in the Pasco, Washington and Wenatchee, Washington areas. Llerenas had a pattern wherein he would bring the girls to a migrant worker camp, take cash from a migrant worker, hand the customer a condom, and whichever girl the customer chose would be made to have sex with the customer, typically on the concrete floor of a communal shower room.

Llerenas prostituted the girls against their will using force, threats, and coercion, all the while keeping the proceeds from the prostitution for himself. Both victims testified at trial about how Llerenas used manipulation, coercion, threats, and sometimes violence to cause them to engage in prostitution and to prevent them from reporting the offenses to authorities.

During the lengthy sentencing hearing that began on August 31, 2016 and concluded today, Senior Judge Shea recounted the basis for the jury’s four guilty verdicts against Llerenas and noted that the victims’ testimony, as well as the testimony of other witnesses, was thoroughly convincing. Judge Shea stated the Defendant “carried out a heartless plot to prostitute [the two victims] . . . so that he would benefit financially.” Judge Shea also found that Llerenas willfully obstructed justice when he offered “patently false” testimony on “all points of this case” and when Llerenas accused the victims of fabricating the charges against him. Judge Shea described Llerenas as “cunning” and stated that Llerenas’ testimony was flatly contradicted by the government’s witnesses and other evidence.

During the sentencing hearing, the two victims and members of the victims’ families were also able to address the Court and Llerenas, recounting the effect of Llerenas’ crimes and the need for a lengthy sentence. One victim noted the offense made her feel lost and like she had no control. She explained that she still is able to “remember it all so well.” The other victim explained she had to numb her feelings and set aside her emotions to get through the trafficking, but that she still holds in a lot of pain.

Michael C. Ormsby said “I commend the victims for their incredible courage in coming forward and testifying at great length in this case. The damage Llerenas caused the two victims for his own selfish benefit is immeasurable. The sentence handed down today reflects the seriousness of the defendant’s conduct. Federal, state, and local authorities will continue to investigate allegations of child exploitation and our office will continue to zealously prosecute those who sexually exploit minors and other vulnerable members of our society.”

The investigation of this case was conducted by the Federal Bureau of Investigation and the Benton County Sheriff’s Office. The case was prosecuted by Alison L. Gregoire and James A. Goeke, Assistant U.S. Attorneys for the Eastern District of Washington, as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. The Project Safe Childhood Initiative (“PSC”) has five major components:

· Integrated federal, state, and local efforts to investigate and prosecute child exploitation cases, and to identify and rescue children;

· Participation of PSC partners in coordinated national initiatives;

· Increased federal enforcement in child pornography and enticement cases;

· Training of federal, state, and local law enforcement agents; and

· Community awareness and educational programs.

For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that, United States District Judge Salvador Mendoza, Jr. dismissed all claims against the United States related to an injury of a snowboarder at 49 Degrees North ski area. The Court issued a principled and well-reasoned written Order supporting the dismissal.

According to information disclosed during the court proceedings, James O’Neel was snowboarding at 49 Degrees North in January of 2013 when he sustained a severe spinal injury jumping off a ski jump in the ski area’s terrain park, resulting in quadriplegia. He subsequently sued both 49 Degrees North and the United States, because the U.S. Forest Service manages the land on which the ski area operates and it had issued a special use permit allowing 49 Degrees North to operate the ski area on the Colville National Forest. Mr. O’Neel sought damages in excess of $30 million.

Records produced during the proceedings showed that the Forest Service’s role was limited to issuing a special use permit and in doing so, had placed almost all responsibility for safety of the public on 49 Degrees North, which was responsible for the day-to-day operation of the ski area. Judge Mendoza also found that dismissal of the United States was appropriate because it was the ski area, not employees of the Forest Service, that was responsible for construction and maintenance of the ski jumps. While the United States has been dismissed from the lawsuit, 49 Degrees North remains in the lawsuit. Judge Mendoza made no ruling with regard to liability on the part of the ski area.

This case was handled by Timothy M. Durkin and Rudy J. Verschoor, Assistant United States Attorneys for the Eastern District of Washington on behalf of the United States.

Spokane– Today, Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Larry Gutierrez, age 50, of Bremerton, Washington, after having pled guilty on March 14, 2016 to production of child pornography, was sentenced today by United States District Judge Salvador Mendoza, Jr. Judge Mendoza sentenced Gutierrez to a twenty-seven year term of imprisonment and a life term of court supervised upon release from federal prison.

According to information disclosed during the court proceedings, on September 23, 2014 the mother of a 9 year-old girl in Spokane, Washington reported that she (the mother) found child pornography on her child’s phone, including photos of her 9 year old. Law enforcement officers interviewed the child, who explained that she met a person on the communication application Kik Messenger. The child explained that she sent the person nude images of herself, as per his request. Subsequent search warrants revealed the person the child was speaking to was Larry Gutierrez.

In a chat between Gutierrez and the child, she tells Gutierrez she is in fourth grade and when she will turn ten years old. During the chat, Gutierrez sends the victim-child several images of a younger athletic male, claiming the photos are of him; they were not. Gutierrez made specific requests that the child send pornographic videos showing her genitalia. A few days later, Gutierrez wrote if she did not send more images, he would post the child’s pictures and Kik Messenger name so other adult men could contact her.

Search warrants were executed on Gutierrez’s electronic devices. Similar images were found of more than forty other children. Gutierrez looked for the children on Kik Messenger and targeted young females. Gutierrez routinely purported to be the young athletic male, would flatter the children, and would ask for photos. He often had his victims hold a sign indicating their minor age.

Gutierrez also extorted other children, threatening them if they did not send the additional photos he was asking for. One child is seen in a photo holding a sign indicating her young age and then in another photo with sign which reads, “Stop blackmailing me.” Gutierrez threatened several children that he

would post photos he had already received of them if they did not send what he was asking for. Gutierrez did, in fact, distribute some of the photos he produced using children he had met on Kik Messenger.

At sentencing Gutierrez told the Court he would like to apologize to the victims and their families and let the Court know he would use his time in prison productively. The Court found Gutierrez’s case to be among the most serious the Court deals with. The Court indicated, though Gutierrez did not have physical contact with his victims, his actions would nonetheless have lasting, lifelong, effects on them.

United States Attorney Michael Ormsby said, “Gutierrez used social media to target and sexually exploit vulnerable children, some of whom were still in elementary school. Unfortunately, this type of crime is a growing threat in the Eastern District of Washington and elsewhere. While law enforcement is doing everything it can to stop these predators, it is of the utmost importance parents be vigilant. Any child with access to the internet is vulnerable to these criminals.”

“Sextortion” is a serious crime that occurs when someone threatens to distribute your private and sensitive material if you don’t provide them images of a sexual nature, sexual favors, or money. The perpetrator may also threaten to harm your friends or relatives by using information they have obtained from your electronic devices unless you comply with their demands. Sextortion can have devastating effects on young victims from all walks of life, and it is easy to become a victim.

Online perpetrators might gain a person’s trust by pretending to be someone they are not. They lurk in chat rooms and record young people who post or live-stream sexually explicit images and videos of themselves, or they may hack into a person’s electronic devices using malware to gain access to files and control the person’s web camera and microphone without she/he knowing it.

Here are some things individuals can do to avoid becoming a sextortion victim:

• Never send compromising images of yourself to anyone, no matter who they are—or who they say they are.

• Do not open attachments from people you do not know.

• Turn off your electronic devices and web cameras when you are not using them.

If you believe you are a victim of sextortion, or know someone else who is, call your local FBI office or toll-free at 1-800-CALL-FBI. Additional information about sextortion can be found online at:

FBI: https://www.fbi.gov/news/stories/2015/july/sextortion/video/what-is-sextortion

DOJ: https://www.justice.gov/psc/videos

https://www.justice.gov/psc/video/sextortion-public-service-announcement-60-seconds

https://www.justice.gov/psc/national-strategy-child-exploitation-prevention-and-interdiction

This case was pursued as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. The Project Safe Childhood Initiative (“PSC”) has five major components:

· Integrated federal, state, and local efforts to investigate and prosecute child exploitation

cases, and to identify and rescue children;

· Participation of PSC partners in coordinated national initiatives;

· Increased federal enforcement in child pornography and enticement cases;

· Training of federal, state, and local law enforcement agents; and

· Community awareness and educational programs.

For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."

The investigation was conducted by the Federal Bureau of Investigation. This case was prosecuted by Alison L. Gregoire, an Assistant U.S. Attorney for the Eastern District of Washington.

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that that Hever Guzman Guerrero, a citizen of Mexico, age 28, was sentenced after having previously plead guilty to possession with the intent to distribute 5 kilograms or more of cocaine, a ten-year mandatory minimum federal offense. United States District Judge Rosanna Malouf Peterson sentenced Guzman Guerrero to a 10 year term of imprisonment, to be followed by a 5-year term of court supervision upon his deportation when released from federal prison, thereby prohibiting him from returning to the United States.

According to the information disclosed during court proceedings, Guzman Guerrero was under investigation by Homeland Security Investigations and Border Patrol in Wenatchee Washington for his involvement in cross-border drug smuggling activities. On September 2, 2015, he was caught near Oroville, Washington attempting to cross the U.S. / Canadian on foot. After hiding from law enforcement officers for over three hours in rugged terrain, Guzman Guerrero was located and in possession of a backpack containing over 20 pounds of cocaine. The approximate value of the drugs was well over $250,000. Although Guzman Guerrero was eligible for relief from the mandatory ten-year term of imprisonment, the Court found that he failed to be truthful with both the Court and law enforcement authorities and, therefore, the Court denied any such relief.

Michael C. Ormsby said, “This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. The OCDETF program provides supplemental federal funding to the federal and state agencies involved in the investigation of drug-related crimes. I commend the Homeland Security Investigation and Border Patrol agents in the Spokane and Seattle Divisions who diligently worked this OCDETF case. Protecting the integrity of the United States’ borders is of utmost importance to the United States Attorney’s Office in the Eastern District of Washington.”

The investigation was conducted by the Homeland Security Investigation and Border Patrol agents in the Spokane and Seattle Divisions. This case was prosecuted by Stephanie Van Marter, an Assistant U.S. Attorney for the Eastern District of Washington.

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Craig A. Morgenstern, age 47, of Nine Mile Falls, Washington was sentenced to 12 life terms in federal prison after a jury found him guilty of 12 counts of Aggravated Sexual Abuse of a Child. Senior United States District Judge W. Fremming Nielsen also imposed a 30-year term of imprisonment for each of Morgenstern’s 18 convictions for Production and Attempted Production of Child Pornography; a 20-year term of imprisonment for Morgenstern’s two convictions for Travel with Intent to Engage in Illicit Sexual Contact with a Minor; and, a 20-year term of imprisonment for Morgenstern’s conviction for Receipt of Child Pornography.

According to evidence introduced at trial, Morgenstern sexually assaulted six young boys and produced child pornography images of the assaults from 2008 through 2014. The victims ranged in age from 7 to 15 years old at the time of the assaults. Evidence at trial also established that Morgenstern traveled to Idaho, Mississippi, and Tennessee in order to sexually molest the same victims and produce child pornography images for his own sexual gratification. Evidence also established that Morgenstern would incapacitate his victims using drugs so that the victims were unaware of the sexual abuse and so that Morgenstern to continue his crimes and avoid detection.

Evidence at trial established that Morgenstern’s crimes were discovered after one of his victims, then a minor child less than 14 years old, escaped from the Morgenstern’s residence in Stevens County on October 18, 2014 after awaking to Morgenstern sexually assaulting him during the early morning hours. Subsequent investigation and evidence lead to the discovery of the additional victims.

At sentencing, Senior Judge Nielsen recounted the basis for the Jury’s 33 guilty verdicts against Morgenstern and noted that the evidence against him was overwhelming. Senior Judge Nielsen also found that Morgenstern obstructed justice by attempting to destroy much of the evidence of his crimes prior to his arrest. Prior the Court’s imposition of sentence, several victims and members of the victims’ families addressed the Court and Morgenstern, recounting the effect of Morgenstern’s crimes.

In addition to imposing imprisonment, Senior Judge Nielsen also ordered the forfeiture of numerous electronic devices and other materials that Morgenstern used to produce and maintain his collection of child pornography, the forfeiture of approximately $30,000 remaining from the sale of Morgenstern’s house, and restitution of approximately $10,000 to the families of the victims.

Michael C. Ormsby said “Morgenstern is every parent’s nightmare. Morgenstern preyed on families by grooming both the parents and children into trusting him so that he could be alone with his victims. Once alone with his victims he would drug them, sexually molest them and produce graphic images and videos of his molestation of the victims. The trauma associated with Morgenstern’s actions cannot be overstated and the damage caused by the Morgenstern to the victims by his sexual exploitation of them and breach of their trust is immeasurable.”

The investigation of this case was conducted by the Federal Bureau of Investigation and the Stevens County Sheriff’s Office. The case was prosecuted by Stephanie J. Lister and James A. Goeke, Assistant U.S. Attorneys for the Eastern District of Washington, as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. The Project Safe Childhood Initiative (“PSC”) has five major components:

· Integrated federal, state, and local efforts to investigate and prosecute child exploitation cases, and to identify and rescue children;

· Participation of PSC partners in coordinated national initiatives;

· Increased federal enforcement in child pornography and enticement cases;

· Training of federal, state, and local law enforcement agents; and

· Community awareness and educational programs.

For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."

Spokane -- Michael C. Ormsby, the United States Attorney for the Eastern District of Washington announced that Domingo Valdovinos (a.k.a. Junior), age 28, of Pasco, Washington, was sentenced to a life term in federal prison after a jury found him guilty of murder in connection with a drug-trafficking conspiracy. Senior United States District Judge W. Fremming Nielsen also imposed two 30-year terms of imprisonment for Valdovinos’s convictions for methamphetamine-trafficking offenses.

According to the information disclosed during court proceedings, during the late evening hours of February 28, 2014, the victim identified by the initials D. W. was lured to a residence on Knox Street in Spokane, Washington, under the guise of resolving a drug debt. Upon arriving at the residence, D. W. was beaten with baseball bats, tied up, and driven to a remote location in Stevens County. At that location Valdovinos and his uncle, Benito Baldovinos, doused D. W. with gasoline, shot him multiple times, then set D. W.’s body on fire. The investigation was initially conducted by the Spokane Police Department, Idaho State Police, Stevens County Sheriff’s Department and Pasco Police Department. After discovering the murder was connected to a methamphetamine-trafficking organization with ties to the Eastern District of Washington, Mexico, North Dakota and Idaho, the Spokane-based DEA and United States Attorney’s Office became involved.

At sentencing, Senior Judge Nielsen found that Valdovinos was the leader and organizer of the methamphetamine-trafficking conspiracy. Senior Judge Nielsen further recounted the heinous nature of the murder. The Judge specifically noted that the amount of drugs trafficked by Valdovinos’ organization was one of the largest he had seen in over twenty years on the Federal bench. He noted both Valdovinos’ leadership of the organization, which was responsible for upwards of 50 pounds per month of methamphetamine transported into this area, and orchestration of the murder of D.W.

Co-conspirators Benito Baldovinos, Joseph Gillespie, and Dillon Casteel, plead guilty to their involvement in the murder of D. W. Co-coconspirators Christopher Teuscher and Jorge Mednoza Sanchez, who were not implicated in the murder, plead guilty to their involvement in the methamphetamine-trafficking conspiracy.

Michael C. Ormsby said, “This case presented a perfect example of the dangers involved in the trafficking of illegal drugs. Not only did the members of this criminal organization distribute a stunning amount of drugs, but they resorted to a very violent murder as part of their operation.” USA Ormsby went on to state, “This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. The OCDETF program provides supplemental federal funding to the federal and state agencies involved in the investigation of drug-related crimes. I commend the federal, county, and local law enforcement agencies for their hard work and thorough investigation in this matter. Each individual involved made significant contributions to the successful investigation and prosecution of this case.”

This OCDETF investigation was conducted by the Drug Enforcement Administration (Spokane and Seattle Divisions), the Spokane Regional Drug Task Force, the Idaho State Police and the Spokane Police Department. The case was prosecuted by Stephanie A. Van Marter and Russell E. Smoot, Assistant United States Attorneys for the Eastern District of Washington.

Richland – This week CH2M HILL Companies Ltd., and its subsidiaries CH2M Hill Hanford Group Inc., and CH2M Hill Plateau Remediation Company, (“CH2M”) completed the payment of $500,000 for accountability systems at the Hanford Nuclear Site as required by the Non-Prosecution Agreement (“NPA”) that it entered into with the United States Attorney’s Office for the Eastern District of Washington in March of 2013. In 2013 CH2M admitted that between 1999 and 2008 CH2M Hill Hanford Group Inc. (“CHG”) participated in a widespread criminal conspiracy with its own employees, at all levels, to defraud the Department of Energy (“DOE”) through systemic timecard fraud. CHG’s fraud directly cost DOE and the federal tax payer millions of dollars.

In March of 2013 CH2M entered into the NPA to resolve CHG’s criminal liability and fully admitted to CHG’s criminal conduct. In addition, at that time CH2M entered into a settlement agreement with the Department of Justice resolving CHG’s civil liability for that same conduct under the False Claims Act.

While CH2M has continuing obligations to cooperate with ongoing investigations under the NPA, it has successfully completed the following requirements:

- Payment of a total of $18.5 million dollars to resolve CHG’s civil and criminal liability;

- Hired and paid for an independent corporate monitor for 3 years, gave her full access to all CH2M Hill Plateau Remediation (“CHPRC”) personnel, systems, and locations to ensure that similar violations would not occur;

- Cooperated extensively in the investigation and prosecution of co-conspirators; and

- Payment of a total of $500,000 for accountability systems at the Hanford Site to further ensure the detection and deterrence of timecard fraud.

Michael C. Ormsby said, “CH2M admitted to the egregious criminal conduct of CH2M Hill Hanford Group Inc., and took the concrete steps to try to make things right as required by the NPA. In particular, the CH2M subsidiary remaining at Hanford (CHPRC) has fully lived up to its obligations under the NPA and we have every reason to expect it will continue to do so.”

Under the terms of the NPA CH2M, through CHPRC, was required to pay $500,000 for accountability systems to detect and deter timecard fraud. CHPRC spent $29,301.57 instituting and implementing modifications to the Time Information System (“TIS”) creating an automated verification of time worked by CHPRC employees. These modifications to TIS were reviewed and approved by the CHPRC independent corporate monitor. The remaining $470,698.43, was paid directly to DOE and has been earmarked for use for additional accountability systems anywhere on the Hanford Site in order to detect and deter timecard fraud and abuse. Further, the NPA requires CH2M to provide a full accounting to the United States Attorney’s Office of the $500,000 to ensure that it came from CH2M’s own money and was not charged directly or indirectly to the federal government. The goal of everyone in this region is to make sure that money allocated to the clean-up of the Hanford Nuclear Reservation is effectively expended for that purpose. The installment of accountability systems to help prevent similar misconduct by contractors in the future was particularly important to the United States  Attorney’s Office.

Michael C. Ormsby noted “The investigation of CH2M Hill Hanford Group’s systemic timecard fraud revealed a disturbing culture of fraud that has infected various areas of the Hanford Site.” USA Ormsby went on to state, “While the vast majority of people working at Hanford are law abiding, my office, and its law enforcement partners, remain committed to doing all we can to root out and hold accountable all persons and entities guilty of stealing federal tax payer dollars. We are also committed, as the NPA shows, to assisting in instituting solutions that will deter such conduct in the future. We are pleased that CH2M, through the NPA process, has become an ally in these efforts and we hope that other contractors at Hanford will follow its lead without the need for the direct involvement of law enforcement.”

This case was investigated by the United States Department of Energy’s Office of Inspector General, Richland, WA and the Federal Bureau of Investigation. Tyler H.L. Tornabene, an Assistant United States Attorney for the Eastern District of Washington, and Daniel Hugo Fruchter, an attorney with the Department of Justice, Civil Frauds Section, represented the United States in this matter.

Yakima – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Vincent Piel III., age 44, of the Yakama Nation Indian Reservation, was sentenced today after having previously plead guilty to attempted sexual abuse of a minor. United States District Judge Stanley Bastian sentenced Piel to a 15 year term of imprisonment. Upon release from federal prison, Piel will be under court supervision for the remainder of his life.

On December 4, 2015, Yakama Nation Tribal Police officers received a report of a sexual assault of a minor. Tribal Police officers, together with Special Agents with the FBI, conducted a joint investigation into the allegations. On February 9, 2016, Piel was charged by Indictment with Attempted Sexual Abuse of a Minor and Attempted Aggravated Sexual Abuse of a Minor. Piel subsequently pled guilty to Attempted Sexual Abuse of a Minor charge.

Michael C. Ormsby said, “The United States Attorney’s Office and its law enforcement partners are committed to protecting children who live in the Eastern District of Washington, including those children who live within the boundaries of the Yakama Nation Reservation. I commend the Yakama Nation Tribal Police and the FBI for their efforts in investigating this case. My office will continue to prosecute aggressively and seek appropriate prison sentences to remove from our communities offenders who commit crimes against children.”

This investigation was conducted by the Yakama Nation Tribal Police Department and the Federal Bureau of Investigation. This case was prosecuted by Laurel J. Holland, an Assistant United States Attorney for the Eastern District of Washington.

SPOKANE - The United States Attorney’s Office for the Eastern District of Washington announced today that there is insufficient evidence to pursue federal criminal civil rights charges against Pasco Police Officers Adrian Alaniz, Ryan Flanagan, and Adam Wright for the death of Antonio Zambrano-Montes on February 10, 2015.

A team of experienced federal investigators and prosecutors conducted an independent review of the evidence related to the death of Zambrano-Montes. These investigators and prosecutors reviewed witness statements, reports, records, transcripts, medical records, diagrams, photographs, and videos. In addition, they solicited input and followed leads provided by attorneys working for the family of Mr. Zambrano-Montes.

This decision has been communicated to the family of Mr. Zambrano-Montes.

This team considered whether Officers Alaniz, Flanagan, and Wright violated federal law by willfully using unreasonable force against Mr. Zambrano-Montes. Under the law, the use of deadly force is justified when the officer has probable cause to believe that the suspect poses a threat of serious physical harm, either to the officer or to others. Moreover, under the applicable federal criminal civil rights statute, prosecutors must establish, beyond a reasonable doubt, that a law enforcement officer willfully deprived an individual of a constitutional right. To establish willfulness, federal authorities must show that the officer acted with the deliberate and specific intent to do something the law forbids. This is the highest standard of intent imposed by law. Mistake, misperception, negligence, or poor judgment are not sufficient to establish a federal criminal civil rights violation.

Based on a careful and thorough review, the team of experienced federal prosecutors and FBI agents determined that the evidence was insufficient to prove, beyond a reasonable doubt, that Officers Alaniz, Flanagan, and Wright acted with the requisite criminal intent, that is, willfully with a bad purpose to violate the law. There is no reliable testimonial or physical evidence that refutes the accounts provided by the officers that they believed the force they used was necessary to protect themselves and to stop a perceived threat. Accordingly, the federal review of this incident has been closed without prosecution. This decision is limited strictly to an application of the high legal standard required to prosecute the case under the federal civil rights statute; it does not reflect an assessment of any other aspect of the incident that led to Mr. Zambrano-Montes’ death.

In announcing this determination, Michael C. Ormsby, United States Attorney for the Eastern District of Washington, offered his condolences: “Our thoughts remain with Mr. Zambrano-Montes’ family and friends. I cannot fathom how painful their loss has been.” Though USA Ormsby’s office has previously prosecuted cases involving the unlawful use of force by law enforcement officials, he noted that, “These cases are difficult because someone has lost their life. It is very important to consider multiple factors and apply the applicable law in determining whether or not to file criminal charges.” USA Ormsby went on to say, “In this matter, the Tri-Cities/Washington State Patrol Special Investigation Unit conducted a very exhaustive investigation which was reviewed and supplemented by very experienced FBI agents. That work was further reviewed and discussed by me, Assistant United States Attorneys in my office, and experienced litigators in the Civil Rights Division in the Department of Justice. These cases deserve and receive careful review and examination in light of the detailed requirements of the federal law under which they can be prosecuted. After this investigation, examination, and discussion, it was my determination that the filing of criminal charges in this case could not be supported.”

The U.S. Attorney’s Office for the Eastern District of Washington, the Civil Rights Division, and the FBI are committed to investigating allegations of civil rights violations by law enforcement officers and will continue to devote the resources required to ensure that all allegations of serious civil rights violations are fully and completely investigated. The Department will aggressively prosecute criminal civil rights violations whenever there is sufficient evidence to do so.

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that that Bud Ray Brown, age 33 of Chelan, Washington, was sentenced today after having previously plead guilty to the felony charge of Attempted Escape. Senior United States District Judge Justin L. Quackenbush sentenced Brown to a 41-month term of imprisonment, to be served consecutive to an existing 180-month sentence from 2013 for a federal firearms violation, and to be followed by a 1-year term of court supervision upon release from federal prison.

According to the information disclosed during court proceedings in this case, on August 19-20, 2015, Brown attempted to escape from his jail cell located on an upper floor of the Spokane County Jail after breaching his jail cell window and after removing the window frame and glass. Brown had also used a tool to chip away at the concrete surrounding the window frame in an attempt to enlarge the actual window opening. Brown had deployed a sturdy rope out of his jail cell window which was braided/woven together using sheets/linens and which was tied off on a metal bunk bed in his cell. Brown’s attempt to escape was detected after persons below reported seeing debris (a mattress, glass and metal) and with the sighting of a deployed makeshift rope dangling from an upper jail cell window. Officers also found a pair of pants crudely sewn together from a blanket lying on the ground below Brown’s cell near the other debris. At the time of his attempted escape, Brown was serving a 180-month federal sentence stemming from a 2013 firearms conviction and had been returned from federal prison and placed in the Spokane County Jail on a writ ad prosequendum to face a 2012 state charge.

Michael C. Ormsby said “This attempt to escape from the Spokane County Jail was striking and brazen and fortunately it was detected before the Defendant could further damage the jail or succeed in his escape efforts. The consecutive nature of this sentence will certainly help in deterring others from making similar attempts to escape from jail. My office commends the collaborative investigation seen in this case as shared by Spokane County Detention Services, the Spokane County Sheriff’s Office, the U.S. Marshals Service, and the FBI.”

The investigation was conducted by the U.S. Marshals Service, the FBI, the Spokane County Sheriff’s Office, and Spokane County Detention Services. This case was prosecuted by Jared C. Kimball, an Assistant U.S. Attorney for the Eastern District of Washington.

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Randall Maurice Peterson, age 37, of Spokane, Washington, was sentenced after having previously plead guilty on March 9, 2016 to Possession of Child Pornography. United States District Judge Wm. Fremming Nielsen sentenced Peterson to a nine-year term of imprisonment, to be followed by a life-term of court supervision after he is released from Federal prison. In addition, Peterson was ordered to forfeit to the United States the digital memory card that he used to download and store child pornography. Peterson will also be required to register as a sex offender.

According to information disclosed during the court proceedings, Peterson had a digital memory card (“SD card”) that he used to possess three videos and 34 photographs of a prepubescent child involved in various sexual acts.

Michael C. Ormsby stated, “The United States Attorney’s Office in the Eastern District of Washington is, and will continue to be, committed to prosecuting aggressively and seeking appropriate punishment for child pornography crimes. Prosecuting offenders who possess child pornography is one of the top priorities of the United States Attorney’s Office.”

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. The Project Safe Childhood Initiative (“PSC”) has five major components:

· Integrated federal, state, and local efforts to investigate and prosecute child exploitation cases, and to identify and rescue children;

· Participation of PSC partners in coordinated national initiatives;

· Increased federal enforcement in child pornography and enticement cases;

· Training of federal, state, and local law enforcement agents; and

· Community awareness and educational programs.

For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."

This investigation was conducted by the Federal Bureau of Investigation and the Spokane Police Department. The case was prosecuted by Stephanie J. Lister, an Assistant United States Attorney and Project Safe Childhood Coordinator for the Eastern District of Washington.

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that John Marion Hatlestad, age 62, of Spokane, Washington, was sentenced after having previously plead guilty on March 9, 2016 to Distribution of Child Pornography. United States District Judge Wm. Fremming Nielson sentenced Hatlestad to a five-year term of imprisonment, to be followed by a fifteen-year term of court supervision after he is released from Federal prison. In addition, Hatlestad was ordered to forfeit to the United States his computer and other digital items that he used to store and distribute child pornography. Hatlestad will also be required to register as a sex offender.

According to information disclosed during the court proceedings, Hatlestad was using a Peer to Peer file sharing account to share and distribute child pornography images over the Internet. Undercover law enforcement agents located child pornography files Hatlestad was making available for download and later obtained a federal search warrant for Hatlestads’ residence. On March 6, 2015, Homeland Security Investigations Agents executed a federal search warrant at Hatlestads’ residence and seized Hatlestads’ computer and digital devices that he used to store and distribute child pornography. A forensic examination of Hatlestads’ personal computer revealed 5,807 child pornography images and 87 videos of child pornography.

Michael C. Ormsby stated, “I commend the Asotin County Sheriff’s Office and Homeland Security Investigations for their efforts in successfully investigating this case. Prosecuting offenders who distribute child pornography is one of the top priorities of the United States Attorney’s Office for in the Eastern District of Washington. This Office, together with its law enforcement partners, is committed to prosecuting aggressively and seeking appropriate punishment for child pornography crimes.

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. The Project Safe Childhood Initiative (“PSC”) has five major components:

· Integrated federal, state, and local efforts to investigate and prosecute child exploitation cases, and to identify and rescue children;

· Participation of PSC partners in coordinated national initiatives;

· Increased federal enforcement in child pornography and enticement cases;

· Training of federal, state, and local law enforcement agents; and

· Community awareness and educational programs.

For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."

This investigation was conducted by Homeland Security Investigations and the Asotin County Sheriff’s Office. The case was prosecuted by Stephanie J. Lister, an Assistant United States Attorney and Project Safe Childhood Coordinator for the Eastern District of Washington.

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that that Fred Nolan, Jr., age 45, of Spokane, Washington, was sentenced after having previously plead guilty to the felony charge of Possession of Stolen U.S. Mail and the misdemeanor charge of Theft of Property Used by the United States Postal Service. Senior United States District Judge Lonny R. Suko sentenced Nolan to a 4-year term of imprisonment, to be followed by a 3-year term of court supervision upon release from Federal prison.

According to information disclosed during the court proceedings, in late May 2013 Nolan broke into the Flour Mill (a building housing several business in Spokane, Washington) and gained access to the locked mail distribution room. When employees later arrived, they located mail from the various businesses in the Flour Mill scattered around the floor. A Postal Service lock mechanism had obviously been broken during the incident. Surveillance video was later reviewed, and Nolan was clearly shown breaking into the Flour Mill’s mail distribution room and then leaving the building with two bags. During a subsequent unrelated burglary investigation at another location, Spokane Police Department detectives located a piece of mail from the Flour Mill. Nolan’s fingerprint was located on that envelope. Nolan has at least 38 prior felony convictions for theft and burglary-related conduct.

Michael C. Ormsby said, “Interference with the U.S. Mails will not be tolerated in the Eastern District of Washington. My office prosecutes aggressively crimes that affect the Mails, this case being one example of that commitment. I commend the cooperative investigative efforts of the Spokane Police Department and the United States Postal Inspection Service.”

This case was investigated by the Spokane Police Department and the United States Postal Inspection Service. The case was prosecuted by Caitlin Baunsgard, an Assistant United States Attorney for the Eastern District of Washington.

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that that Gregory Lavern Wilson, age 46, of Yakima, Washington, was sentenced today after having previously plead guilty to the charge of possession with intent to distribute methamphetamine. United States District Judge Stanley A. Bastian sentenced Wilson to a 10-year term of imprisonment, to be followed by a 5-year term of court supervision upon release from Federal prison

According to information disclosed during the court proceedings, from April through May 2015, the Yakima DEA Task Force conducted several undercover purchases of methamphetamine from Wilson. During the execution of multiple search warrants on May 27, 2015, officers recovered additional methamphetamine, drug packaging, and a digital scale at Wilson’s residence. Wilson subsequently acknowledged that he distributed methamphetamine. He has at least eight prior felony drug offense convictions, as well as numerous other convictions.

Michael C. Ormsby said, “I commend the officers of the Yakima DEA Drug Task Force, the Yakima Police Department, and the U.S. Drug Enforcement Administration for their efforts in investigating this drug trafficking case. Their strong working partnership is reflected by the successful prosecution of this case. Federal and local law enforcement officers in the Eastern District of Washington continue to work together to root out the scourge of drug trafficking in this District. With their assistance, the United States Attorney’s Office for the Eastern District of Washington is committed to prosecuting aggressively and seeking appropriate punishment for traffickers distributing controlled substances in our communities.”

This case was investigated by the cooperative efforts of the Yakima DEA Drug Task Force, the Yakima Police Department, and the U.S. Drug Enforcement Administration. The case was prosecuted by Ian L. Garriques, an Assistant United States Attorney for the Eastern District of Washington.

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Jason C. Youker, age 42, of Oroville, Washington, was sentenced yesterday, after a jury previously found him guilty on December 16, 2015, of 32 felony counts relating to his leadership of a drug distribution network. The felony counts included conspiracy to distribute heroin and 50 grams or more of actual methamphetamine, distribution of heroin and methamphetamine, possession of heroin and methamphetamine with intent to distribute, use of a communication facility in furtherance of a drug-

trafficking offense, and felon in possession of firearms and ammunition. Youker was found to be possession of fifteen firearms. United States District Judge Salvador Mendoza, Jr., sentenced Youker to a 240 month term of imprisonment, to be followed by a five year term of court supervision after he is released from federal prison.

According to information disclosed during the court proceedings, beginning in October of 2012 and continuing until Youker’s arrest on September 17, 2014, Youker led a conspiracy to distribute methamphetamine and heroin from a private compound located on Gold Mountain near Republic, Washington. Youker was in the process of constructing a residence on the compound and paid some of his workers in heroin. Evidence showed that Youker used the compound to cut and package heroin and methamphetamine for sale and buried it on the compound. Youker and would then disclose the locations of heroin and methamphetamine to subordinates or customers by text message. At sentencing, Youker was held responsible for 178 grams of heroin, 294 grams of actual methamphetamine, and 155 grams of “ice” or crystalized methamphetamine. Several of the firearms were discovered in a cache of firearms hidden on his property. Firearms were also found in a garden area and in two trailers located on the compound.

Michael C. Ormsby, U.S. Attorney for the Eastern District of Washington, said, “The distribution of heroin and methamphetamine poses a serious issue to the health and welfare of everyone in our communities, including those who become addicted. Youker’s sentence of twenty years reflects the seriousness of his criminal conduct and his role as the leader of this drug distribution network.”

Mr. Ormsby further stated, “This joint federal, state and local agency investigation demonstrates the dedication of our agents and officers and the willingness to utilize resources at every level of law enforcement to investigate and prosecute drug trafficking violations that occur within this District.”

This investigation was conducted by the Drug Enforcement Administration, the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives, the North-Central Washington Narcotics Task Force, the Ferry County Sheriff’s Office, and the Republic Police Department. The case was prosecuted by Timothy J. Ohms and Matthew F. Duggan, Assistant United States Attorneys for the Eastern District of Washington.

Spokane– Today, Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Larry Gutierrez, age 50, of Bremerton, Washington, pled guilty to the criminal charge of production of child pornography. United States District Judge Salvador Mendoza, Jr. accepted Gutierrez’s guilty plea and scheduled a sentencing hearing for August 23, 2016, at 11:15 a.m. in Spokane, Washington.

According to information disclosed during the court proceedings, on September 23, 2014 the mother of a 9 year-old girl in Spokane, Washington reported that she (the mother) found child pornography on her child’s phone. The child was interviewed and she stated that she met a man on the communication application Kik Messenger. The child sent the man nude images of herself, per his request. Subsequent search warrants revealed the man was Gutierrez.

During their investigation, law enforcement agents discovered a communication chat between Gutierrez and the child. In the chat the child tells Gutierrez that she is in 4th grade and also tells him when she will turn ten years old. During the chat, Gutierrez sends the child several images of a younger athletic male, claiming the photos were of him, which they were not. Gutierrez made specific requests that the child send him pornographic videos showing her genitalia. A few days later, Gutierrez chatted that if the child did not send him more images, he would post her images along with her Kik Messenger name so other adult men could contact her.

Search warrants executed on Gutierrez’s electronic devices revealed similar images of a great number of other children. Gutierrez had some children hold a sign indicating their age as shown in those images. One child is seen holding a sign indicating her tender age and then another sign which reads, “Stop blackmailing me.” Gutierrez threatened several children by claiming that he would post their photos if they did not send what he was asking for.

“Sextortion” is a serious crime that occurs when someone threatens to distribute your private and sensitive material if you don’t provide them images of a sexual nature, sexual favors, or money. The perpetrator may also threaten to harm your friends or relatives by using information they have obtained from your electronic devices unless you comply with their demands. Sextortion can have devastating effects on young victims from all walks of life, and it is easy to become a victim.

Online perpetrators might gain a person’s trust by pretending to be someone they are not. They lurk in chat rooms and record young people who post or live-stream sexually explicit images and videos of themselves, or they may hack into a person’s electronic devices using malware to gain access to files and control the person’s web camera and microphone without she/he knowing it.

Here are some things individuals can do to avoid becoming a sextortion victim:

• Never send compromising images of yourself to anyone, no matter who they are—or who they say they are.

• Do not open attachments from people you do not know.

• Turn off your electronic devices and web cameras when you are not using them.

Michael C. Ormsby stated: “If you are receiving sextortion threats, you are not alone. It is likely the perpetrator is an adult pretending to be a teenager, and you are just one of the many victims being targeted by the same person. Young people should not be afraid to talk to an adult and/or to call the FBI. If you believe you’re a victim of sextortion, or know someone else who is, call your local FBI office or toll-free at 1-800-CALL-FBI.”

Additional information about sextortion can be found online at:

FBI: https://www.fbi.gov/news/stories/2015/july/sextortion/video/what-is-sextortion

DOJ: https://www.justice.gov/psc/videos

https://www.justice.gov/psc/video/sextortion-public-service-announcement-60-seconds

https://www.justice.gov/psc/national-strategy-child-exploitation-prevention-and-interdiction

 

Yakima – Today, Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Charles Pete Eyle, age 52, of the Yakama Nation Indian Reservation, was sentenced after having previously been being convicted of two counts of Attempted Aggravated Sexual Abuse of a Minor and one count of Aggravated Sexual Abuse of a Minor. Separately, Eyle was convicted of being a previously convicted felon in possession of ammunition. Senior District Judge Wm. Fremming Nielsen sentenced Eyle to a life term of imprisonment.

According to information disclosed during court proceedings, on July 3, 2014, Eyle sexually assaulted a young child. The assault was reported to law enforcement later that day. A family member transported the young child to the hospital where a sexual assault examination was completed. Evidence obtained from the examination was subsequently sent to the FBI laboratory in Quantico, Virginia, where Eyle’s DNA was recovered.

The Yakama Nation Police Department and the FBI investigated the matter. During the investigation, law enforcement officers quickly discovered that Eyle had two prior convictions, which had involved sexual acts with children. The officers applied for and obtained a court-authorized warrant to search Eyle’s residence. Among other items, the officers discovered a box of ammunition in Eyle’s bedroom.

On June 3, 2015, following a three day trial, a jury found the Eyle guilty of the sexual abuse charges. In a separate trial, on November 23, 2015, a jury found him guilty of being a previously convicted felon in possession of ammunition.

Michael C. Ormsby said, “I commend the Yakama Nation Police Department, the Wapato Police Department, the FBI and the ATF for their thorough investigation of this case and exemplary working partnership. The United States Attorney’s Office and our law enforcement partners are committed to protect children who live within the Eastern District of Washington. My Office will continue to prosecute aggressively and seek lengthy sentences to remove dangerous sex offenders from our streets.

In this case, the Wapato Police Department and the ATF were instrumental in following through with the investigation. The Yakama Nation Police Department and the FBI conducted a lengthy investigation, conducted dozens of interviews, spent countless hours developing the case, and processed all of the evidence to ensure that justice would prevail.”

This investigation was completed by the Yakama Nation Tribal Police Department, the FBI, the Wapato Police Department, and ATF. The case was prosecuted by Tom Hanlon, an Assistant United States Attorney for the Eastern District of Washington.

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Arthur Frank Cardenas, age 37, of Moses Lake, Washington, was sentenced after a jury previously found him guilty on April 16, 2015, of:

- being a felon in possession of a firearm (Count 1);

- being a felon in possession of an explosive device (Count 2);

- possessing an unregistered firearm (Count 3);

- possessing pure methamphetamine with intent to distribute it (Count 4); and

- possessing a firearm in furtherance of a drug trafficking crime (Count 5).

United States District Judge William Fremming Nielsen sentenced Cardenas to a 270 month term of imprisonment, to be followed by a five year term of court supervision after he is released from federal prison.

According to information disclosed during the court proceedings, on April 26, 2012, Cardenas participated in an exchange of gunfire with another individual at a duplex located on the lower South Hill in Spokane, Washington. Cardenas was injured during the exchange of gunfire and was taken to Deaconess Medical Center for treatment. A subsequent investigation revealed that Cardenas was armed with a Walther model PPK/S .380 caliber handgun during the shootout and that bullets from that firearm struck a nearby residence. In the trunk of Cardenas’ vehicle, law enforcement officers found a hand grenade, explosive powder, 243.9 grams of pure methamphetamine, and approximately $17,410. Cardenas had another $3,000 on his person. During the sentencing hearing, Judge Nielsen noted that Cardenas had a lengthy criminal history that resulted in a high offender score.

Michael C. Ormsby stated, “Cardenas’ conduct presented a danger to citizens here in Spokane, Washington. The twenty two and a half year sentence reflects the seriousness of Cardenas’ criminal conduct. I commend the Spokane Police Department and the Bureau of Alcohol, Tobacco, and Firearms for the thorough investigation of this matter. The United States Attorney’s Office for the Eastern District of Washington will aggressively prosecute firearm and drug trafficking violations that occur within this District.”

This investigation was conducted by Spokane Police Department with assistance from the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was prosecuted by Timothy J. Ohms, an Assistant United States Attorney for the Eastern District of Washington.

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Chris Alan Nebelsieck, age 44, of Colton, Washington, was sentenced today, after having previously pled guilty on December 15, 2015 to Distribution of Child Pornography. United States District Judge Rosanna Malouf Peterson sentenced Nebelsieck to a five year term of imprisonment, to be followed by a five year term of court supervision after he is released from Federal prison. In addition, Nebelsieck was ordered to pay restitution in the amount of $3,400 and forfeit to the United States numerous computers and digital items that he used to store and distribute child pornography. Nebelsieck will also be required to register as a sex offender.

According to information disclosed during the court proceedings, Nebelsieck was using a Peer to Peer file sharing account to share and distribute child pornography images over the Internet. Undercover law enforcement agents located child pornography files Nebelsieck was making available for download and later obtained a federal search warrant for Nebelsiecks’ residence. On July 16, 2014, Homeland Security Investigations Agents and officers from the Asotin County Sheriff’s Office executed a federal search warrant at Nebelsiecks’ residence and seized Nebelsiecks’ computers and digital devices that he used to store and distribute child pornography. A forensic examination of Nebelsiecks’ personal computer revealed 11,792 child pornography images and 723 videos of child pornography.

Michael C. Ormsby stated, “I commend the Asotin County Sheriff’s Office and Homeland Security Investigations for their efforts in successfully investigating this case. Prosecuting offenders who distribute child pornography is one of the top priorities of the United States Attorney’s Office for in the Eastern District of Washington. This Office, together with its law enforcement partners, is committed to prosecuting aggressively and seeking appropriate punishment for child pornography crimes.

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. The Project Safe Childhood Initiative (“PSC”) has five major components:

· Integrated federal, state, and local efforts to investigate and prosecute child

exploitation cases, and to identify and rescue children;

· Participation of PSC partners in coordinated national initiatives;

· Increased federal enforcement in child pornography and enticement cases;

· Training of federal, state, and local law enforcement agents; and

· Community awareness and educational programs.

For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."

This investigation was conducted by Homeland Security Investigations and the Asotin County Sheriff’s Office. The case was prosecuted by Stephanie J. Lister, an Assistant United States Attorney and Project Safe Childhood Coordinator for the Eastern District of Washington.

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Thomas E. Lafontaine, age 35, of Kennewick, Washington, was sentenced for one count of Attempted Enticement of a Minor. Senior United States District Judge Edward F. Shea sentenced Lafontaine to a ten year term of imprisonment, to be followed by twenty-five years of court supervision after he is released from federal prison. Lafontaine will also be required to register as a sex offender.

According to information disclosed during the court proceedings, in late 2014, Lafontaine responded to a personals ad. The ad had been placed by an undercover task force officer with Homeland Security Investigations working with Southeast Regional Internet Crimes Against Children, posing as a 14-year-old girl. During a series of online communications, Lafontaine, who is a registered sex offender, graphically described different sex acts that he would like to perform on the child. Eventually, Lafontaine discussed meeting the child, at a specific location, for sex.

Lafontaine drove to the meet location, and was observed as he circled the location for about thirty minutes. He later contacted the undercover officer, whom he believed to be a child, and chastised her for standing him up. Lafontaine was arrested shortly thereafter. Lafontaine’s electronic devices were searched, and evidence was discovered that he had discussions with at least three other minors aged twelve to fourteen about sexual acts he would like to perform on the minors.

At sentencing Lafontaine said he was “disgusted and ashamed” of his actions. Senior District Judge Shea stated Lafontaine posed a “genuine threat to the public.” Judge Shea indicated, “This was an extremely serious offense,” noting Lafontaine went beyond the online discussions and actually got in his car and drove to meet a child for sex.

Michael C. Ormsby stated, “The sentence handed down provides fair and just punishment for this offense, particularly given Lafontaine’s past conduct.” He further stated, “This investigation is yet another demonstration of the dedication of law enforcement officers and their willingness to ferret out those who intend to victimize children.”

“This joint federal, state and local agency investigation illustrates the lengths to which law enforcement will go to bring a child predator to justice,” said Brad Bench, Special Agent in Charge of HSI Seattle. “Now, with this federal sentence, the public can rest assured Lafontaine will spend a decade behind bars, followed by close federal monitoring for many more years.”

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. The Project Safe Childhood Initiative (“PSC”) has five major components:

· Integrated federal, state, and local efforts to investigate and prosecute child exploitation cases, and to identify and rescue children;

· Participation of PSC partners in coordinated national initiatives;

· Increased federal enforcement in child pornography and enticement cases;

· Training of federal, state, and local law enforcement agents; and

· Community awareness and educational programs.

For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."

This investigation was conducted by the Homeland Security Investigations and the Southeast Regional ICAC. The case was prosecuted by Alison L. Gregoire, an Assistant United States Attorney for the Eastern District of Washington.

 

 

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Raul Ulises Badillo-Guzman, age 49, of Yakima, Washington, was sentenced today for one count of Production of Child Pornography and one count of Attempted Production of Child Pornography. Chief United States District Court Judge Thomas O. Rice sentenced Badillo-Guzman to a thirty year term of imprisonment, to be followed by a life term of court supervision after he is released from federal prison. Badillo-Guzman will also be required to register as a sex offender.

According to information disclosed during the court proceedings, on October 30, 2013, a 14-year old female and her mother reported to the Yakima Police Department that they had discovered a black object, similar to a car door key fob, in the bathroom of their residence. The black object contained a small camera. They believed Badillo-Guzman had placed the camera in order to surreptitiously record the minor female when she was undressed. Yakima Police detectives obtained a search warrant to view the contents of the device. A recording on the device clearly showed Badillo-Guzman placing the camera in the bathroom. The camera contained images of the minor naked as she prepared to take a shower.

The Yakima Police Department searched Badillo-Guzman’s residence pursuant to a lawfully obtained search warrant and they seized several electronic devices. The Federal Bureau of Investigation subsequently searched the devices and discovered they contained child pornography images of other known victims. The FBI also found a great number of videos and images of Badillo-Guzman engaging in sexual acts with a prepubescent girl. They also discovered what appeared to be a school photo of this young girl. The Yakima Police Department and the FBI conducted a search of yearbooks from various local schools until the photo of the young girl was located and the victim was identified. The victim was between the ages of 8 and 10 years old at the time of the sexual abuse by Badillo-Guzman.

Michael C. Ormsby stated, “Badillo-Guzman raped and sodomized a child repeatedly and produced videos and images memorializing that abuse. Through his actions, Badillo-Guzman has proven himself a great danger to the community. The sentence handed down today provides fair and just punishment for this abhorrent offense.” Ormsby went on to note, “The lasting and devastating effects on the victims of these cases cannot be overstated. Prosecuting these difficult cases has been and continues to be a priority for the United States Attorney’s Office for the Eastern District of Washington.” He further stated, “This joint federal, state and local agency investigation demonstrates the dedication of the officers and the willingness to utilize resources at every level of law enforcement to bring those who would victimize children to justice.”

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative launched in

May 2006 by the United States Department of Justice to combat the growing epidemic of child

sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal

Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal,

state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit

children, and to identify and rescue victims. The Project Safe Childhood Initiative (“PSC”) has

five major components:

· Integrated federal, state, and local efforts to investigate and prosecute child

exploitation cases, and to identify and rescue children;

· Participation of PSC partners in coordinated national initiatives;

· Increased federal enforcement in child pornography and enticement cases;

· Training of federal, state, and local law enforcement agents; and

· Community awareness and educational programs.

For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For

information about internet safety education, please visit www.usdoj.gov/psc and click on the tab

"resources."

This investigation was conducted by the Federal Bureau of Investigation and the Yakima Police

Department. The case was prosecuted by Alison L. Gregoire, an Assistant United States Attorney

for the Eastern District of Washington, and Jared Boswell, a Deputy Prosecuting Attorney for

Yakima County.

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Charles Jacob Jarvis, aka Jake Jarvis, age 29, of Yakima , Washington, was sentenced on March 3, 2016 for Distribution of Child Pornography. Senior United States District Judge Lonny R. Suko sentenced Jarvis to a five-year term of imprisonment, to be followed by a 20-year term of court supervision after he is released from Federal prison. Jarvis will also be required to register as a sex offender.

According to information disclosed during the court proceedings, Jarvis used an Internet file sharing account and e-mail accounts to share and distribute child pornography over the Internet. In March of 2015, U.S. Postal Inspectors determined that Jarvis was obtaining child pornography by U.S. mail. On March 4, 2015, Jarvis was contacted at his place of employment at a day care center in Yakima, Washington. Federal search warrants were obtained to search Jarvis’ personal computers, electronic devices, and e-mails. Forensic examinations revealed that he had used his personal devices and e-mail accounts to store and distribute child pornography that he had obtained over the Internet.

Michael C. Ormsby said, “The United States Attorney’s Office for the Eastern District of Washington takes seriously crimes involving exploitation of children, including child pornography crimes. This office, together with its federal and state law enforcement partners, is and will continue to be committed to prosecuting aggressively and seeking appropriate punishment for child pornography crimes.”

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. The Project Safe Childhood Initiative (“PSC”) has five major components:

· Integrated federal, state, and local efforts to investigate and prosecute child exploitation

cases, and to identify and rescue children;

· Participation of PSC partners in coordinated national initiatives;

· Increased federal enforcement in child pornography and enticement cases;

· Training of federal, state, and local law enforcement agents; and

· Community awareness and educational programs.

For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."

This investigation was conducted by the U.S. Postal Inspection Service and the Washington State Internet Crimes Against Children Task Force. The case was prosecuted by Ian L. Garriques, an Assistant United States Attorney for the Eastern District of Washington.

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Aarayana Leigh Malcolm, age 46, of Spokane, Washington, was sentenced after having previously pled guilty on October 24, 2014 to Possession with Intent to Distribute 50 Grams or More of Pure Methamphetamine. United States District Court Judge Thomas O. Rice sentenced Malcolm to a fifteen year term of imprisonment, to be followed by a ten year term of court supervision after her release from Federal prison.

According to information disclosed during the court proceedings, on June 29, 2013, an improvised explosive device was detonated under a vehicle parked in the 5800 block of North Monroe in Spokane, Washington. This led to an investigation by the BAT&E, the FBI, and the Spokane Police Department. The BATF&E became the lead investigative agency and subsequently discovered a connection to Malcolm. While initially seeming unrelated, a towing company had contacted the Spokane Police Department after discovering over 340 grams of pure methamphetamine and approximately 50 grams of black tar heroin in a vehicle Malcolm had been driving. However, with additional assistance from the DEA, agents discovered that Malcolm was a leader of a drug trafficking organization that distributed multiple-pound-quantities of methamphetamine and heroin on a weekly basis during the first six months of 2013. The overall investigation resulted in the resolution of three drive-by shootings where two people were shot, which shootings were linked to members of Malcolm’s drug trafficking organization.

In addition to Malcolm’s conviction, seven other individuals associated with Malcolm’s drug trafficking organization were convicted and sentenced in the Eastern District of Washington, as a result of this lengthy investigation. These others include:

Siaosilepelenise L.TUAIMALO, age 34, of Spokane, Washington, who plead guilty to Conspiracy to Possess with Intent to Distribute 50 Grams or More of Pure Methamphetamine on November 2, 2015 and was sentenced to a fifteen year term of imprisonment by United States District Court Judge Thomas O. Rice on January 6, 2016. Daniel C. VILLALOBOS, age 36, of Spokane, Washington, who plead guilty to Possession with Intent to Distribute 50 Grams or More of Pure Methamphetamine on November 2, 2015 and was sentenced to a twelve year term of imprisonment by United States District Court Judge Thomas O. Rice on January 12, 2016.

Robert William SHOWERS, age 47, of Spokane, Washington, plead guilty to being a Felon in Possession of Explosives on April 15, 2014 and was sentenced to a four year term of imprisonment by Chief United States District Rosanna Malouf Peterson on October 8, 2015.

Adam HANKINS, age 48, of Spokane, Washington, plead guilty to being a Felon in Possession of Explosives on June 20, 2014 and was sentenced to a three year term of imprisonment by Senior United States District Judge Justin L. Quackenbush on November 18, 2014.

Adam T. LAYTON, age 22, of Spokane, Washington, plead guilty to being a Felon in Possession of a Firearm on March 20, 2014 and was sentenced to a thirty month term of imprisonment by United States District Court Judge Thomas O. Rice on March 18, 2015.

Nanukayet C. FINLEY, age 25, of Spokane, Washington plead guilty to being a Felon in Possession of Firearms on January 19, 2014 and was sentenced to a six month term of imprisonment by Chief United States District Rosanna Malouf Peterson on October 8, 2015.

Ella J. CLAASSEN, age 42, of Spokane, Washington, plead guilty to Misprision of a Felony on October 18, 2013 and was sentenced to a six month term of imprisonment by Chief United States District Rosanna Malouf Peterson on September 27, 2015.

Michael C. Ormsby stated: “This investigation is yet another example of the strong working partnership among the Federal and local law enforcement agencies in the Eastern District of Washington. I commend the tireless efforts of the law enforcement personnel involved in this investigation. Their dedication to the mission of keeping our communities safe cannot be understated.”

Douglas R. Dawson, Special Agent in Charge of the BATF&E, stated: "This investigation is a strong example of ATF's commitment to work alongside our law enforcement partners holding responsible those subjects who threaten the safety of our community."

This investigation was an Organized Crime Drug Enforcement Task Force case investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the Federal Bureau of Investigation, and the Spokane Police Department. The cases were prosecuted by Earl A Hicks and Matthew F. Duggan, with assistance from Criminal Division Chief Aine Ahmed, each of whom are Assistant United States Attorneys for the Eastern District of Washington.

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Anthony Ryan Jacobs, age 36, of Pasco, Washington, was sentenced today, after having previously pled guilty on October 1, 2015 to Distribution of Child Pornography. United States District Court Judge Stanley A. Bastian sentenced Brown to a five year term of imprisonment, to be followed by a ten year term of court supervision after he is released from Federal prison. In addition, the Judge ordered Jacobs to forfeit to the United States numerous digital items that he used to store and distribute child pornography. Jacobs is now required to register as a sex offender.

According to information disclosed during the court proceedings, Jacobs was using a Peer to Peer file sharing account to share and distribute child pornography images over the Internet. Undercover law enforcement agents located child pornography files Jacobs was making available for download and later obtained a federal search warrant for Jacobs’ residence. On March 12, 2014, United States Secret Service Agents executed a federal search warrant at Jacobs’ residence and seized Jacobs’ digital devices that he used to store and distribute child pornography. A forensic examination of Jacobs’ personal computer revealed child pornography images and videos of child pornography.

Michael C. Ormsby said, “Prosecuting offenders who are distributing child pornography is a priority for the United States Attorney’s Office in the Eastern District of Washington. This Office, together with its Federal and state law enforcement partners, is and will continue to be committed to prosecuting aggressively and seeking appropriate punishment for child pornography crimes.”

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. The Project Safe Childhood Initiative (“PSC”) has five major components:

· Integrated federal, state, and local efforts to investigate and prosecute child exploitation

cases, and to identify and rescue children;

· Participation of PSC partners in coordinated national initiatives;

· Increased federal enforcement in child pornography and enticement cases;

· Training of federal, state, and local law enforcement agents; and

· Community awareness and educational programs.

For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."

This investigation was conducted by the United States Secret Service. The case was prosecuted by Stephanie J. Lister, an Assistant United States Attorney and Project Safe Childhood Coordinator for the Eastern District of Washington.

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Tyler Ryan Cuff, age 32, of Oroville, Washington, was sentenced today after having previously pleaded guilty on October 28, 2015 to one count of Dealing in Firearms Without a License. Senior United States District Court Judge Wm. Fremming Nielsen sentenced Cuff to a 30-month term of imprisonment, to be followed by three years of court supervision after he is released from Federal prison. Cuff will serve his sentence concurrently with a sentence he received in Canada for smuggling an AK-47 into that country.

According to information disclosed during the court proceedings, for several years Cuff has been purchasing firearms at gun shows in Washington, smuggling them into Canada, and selling them there. Cuff did not have a federal firearms license. Several of the firearms Cuff sold were subsequently found at crime scenes in Canada.

Michael C. Ormsby stated, “The illegal sale of firearms presents a danger to citizens here in the United States and elsewhere. I commend the Bureau of Alcohol, Tobacco, Firearms, and Explosives for its thorough investigation of this matter. The United States Attorney’s Office for the Eastern District of Washington will aggressively prosecute firearms violations that occur within this District.”

This investigation was conducted by ATF&E. The case was prosecuted by Rudy J. Verschoor, an Assistant United States Attorney for the Eastern District of Washington.

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Kenneth Brown, age 31, of Ephrata, Washington, was sentenced today after having previously pled guilty on September 3, 2015 to Distribution of Child Pornography. United States District Court Judge Thomas O. Rice sentenced Brown to a five year term of imprisonment, to be followed by a fifteen year term of court supervision after he is released from Federal prison. In addition, Judge Rice ordered Brown to forfeit to the United States numerous digital items that he used to store and distribute child pornography and to pay $500 in restitution to one of the victims of his crime. Brown will also be required to register as a sex offender.

According to information disclosed during the court proceedings, Brown was using a Peer to Peer file sharing account to share and distribute child pornography images over the Internet. Undercover law enforcement agents located child pornography files Brown was making available for download and later obtained a federal search warrant for Browns’ residence. On March 11, 2014, Homeland Security Investigation agents, along with officers from the Ephrata Police Department, executed a federal search warrant at Browns’ residence and seized Browns’ digital devices that he used to store and distribute child pornography. A forensic examination of Browns’ personal computer revealed 1,298 child pornography images and numerous videos of child pornography.

Michael C. Ormsby stated, “I commend the Ephrata Police Department and Homeland Security Investigations for their efforts in successfully investigating this case. Prosecuting offenders who distribute child pornography is one of the top priorities of the United States Attorney’s Office for in the Eastern District of Washington. This Office, together with its law enforcement partners, Washington is, and will continue to be, committed to prosecuting aggressively and seeking appropriate punishment for child pornography crimes.

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. The Project Safe Childhood Initiative (“PSC”) has five major components:

· Integrated federal, state, and local efforts to investigate and prosecute child

exploitation cases, and to identify and rescue children;

· Participation of PSC partners in coordinated national initiatives;

· Increased federal enforcement in child pornography and enticement cases;

· Training of federal, state, and local law enforcement agents; and

· Community awareness and educational programs.

For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."

This investigation was conducted by Homeland Security Investigations and the Ephrata Police Department. The case was prosecuted by Stephanie J. Lister, an Assistant United States Attorney and Project Safe Childhood Coordinator for the Eastern District of Washington.

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Ronald Alex Phillips, age 48, of Yakima, Washington, was sentenced today for being a previously convicted felon in possession of a firearm. United States District Court Judge Stanley A. Bastian sentenced Phillips to a 15-year term of imprisonment pursuant to the Armed Career Criminal Act, and a five year term of court supervision following release from Federal prison.

According to information disclosed during the court proceedings, on March 28, 2015, Phillips, a previously convicted felon, threatened to shoot a woman at an AM/PM mini-mart in Yakima, Washington. He approached the woman, made a derogatory comment to her, then stated: “I’m going to shoot you.” Phillips lifted up his shirt and revealed a firearm in his waistband. Following a 911 call, Yakima Police Department officers responded to the scene and arrested Phillips, who was in possession of a firearm. Phillips has dozens of prior criminal convictions ranging from drug trafficking and robbery to assault and theft.

Michael C. Ormsby said, “Prosecuting firearms-related crimes continues to be a priority for the United States Attorney’s Office for the Eastern District of Washington. In this

case, the Yakima City Police Department partnered with Special Agents working for the Bureau of Alcohol, Tobacco, Firearms and Explosives to successfully prosecute this Federal case. Previously convicted felons should be aware that there are serious criminal penalties connected with possessing any firearm and that this Office is committed to prosecuting aggressively firearms-related cases in the Eastern District of Washington.”

The case was investigated by the Yakima City Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. This case was prosecuted by Ian L. Garriques, an Assistant United States Attorney for the Eastern District of Washington.

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Michele R. Saldua, age 60, was sentenced today for the crime of making a false declaration under penalty of perjury in relation to a bankruptcy case. Ms. Saldua was a resident of Spokane, Washington but now resides in Arizona. Senior United States District Judge Wm. Fremming Nielsen, sentenced Michele R. Saldua to 120 days of home confinement, followed by a 1-year term of court supervision.

According to information disclosed during court proceedings, in October 2010, while residing in Spokane, Washington, Ms. Saldua filed a petition for Chapter 7 bankruptcy relief in the United States Bankruptcy Court for the Eastern District of Washington. Ms. Saldua signed the Chapter 7 petition under the penalty of perjury, and sought to discharge a $22,782 debt from several creditors. Ms. Saldua also filed schedules of assets and liabilities and a Statement of Financial Affairs (“SOFA”), signed under the penalty of perjury. On line 2 of her SOFA, Ms. Saldua was required to truthfully declare the amount of income, other than from employment, trade, profession, or operation of the debtor’s business she received during the two years immediately preceding the commencement of her bankruptcy case. In August, 2010, Ms. Saldua received $108,400 in income as part of a divorce settlement from her ex-husband’s ING IRA/Deferred Variable Annuity pursuant to a divorce decree entered in their divorce proceeding in Hawaii. Ms. Saldua did not report this income on her SOFA and concealed it from the United States Bankruptcy Court for the Eastern District of Washington and the United States Trustee.

In March 2012, the bankruptcy court entered a default judgment denying Ms. Saldua a discharge of her debts.

Michael C. Ormsby, U.S. Attorney for the Eastern District of Washington, said, "Bankruptcy fraud undermines the whole concept of allowing a debtor to obtain protection from creditors, pay debts in accord with a debtor’s ability, and thereby obtain a fresh start. Concealment of a debtor’s property is a fraud on the entirety of the proceeding.”

The investigation was conducted by the Internal Revenue Service, Criminal Investigation. The case was prosecuted by George J.C. Jacobs, III, Assistant United States Attorney for the Eastern District of Washington.

Spokane – Jorge Mendoza-Sanchez of Sunnyside, Washington, was sentenced today to 12 years in federal prison for his role as a drug courier and distributor in a large-scale methamphetamine-trafficking conspiracy. Mendoza-Sanchez admitted to regularly transporting pounds of methamphetamine from California to Spokane and distributing it to other members of the conspiracy, who in turn sold it to street-level dealers. In addition to Mendoza-Sanchez, six others were charged in the drug-trafficking conspiracy and four of those conspirators were charged with the violent drug-related murder of one of the organization’s Spokane-area street-level dealers. The Organized Crime Drug Enforcement Task Force case was initiated by Spokane Police Department as a murder investigation and referred to the Drug Enforcement Administration as details of the related drug-trafficking conspiracy became known. Although Mendoza-Sanchez was not implicated in the murder, Senior United States District Judge Wm. Fremming Nielsen determined that despite Mendoza-Sanchez’s minor role compared to other members of the conspiracy, the amount of methamphetamine and Mendoza-Sanchez’s possession of a firearm justified a substantial sentence.

The case was prosecuted by Stephanie Van Marter and Russ Smoot, Assistant United States Attorneys for the Eastern District of Washington.

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Michael James Alderman, age 42, of Spokane, Washington, was sentenced after having previously plead guilty on July 31, 2015 to Possession of Child Pornography. Senior United States District Court Judge Justin L. Quackenbush sentenced Alderman to a nineteen year term of imprisonment, to be followed by a 35 year term of court supervision after he is released from Federal prison. In addition, Alderman was ordered to forfeit to the United States the computer, tablet, and cell phone he used to receive and store his child pornography collection. Alderman will also be required to register as a sex offender.

According to information disclosed during the court proceedings, in January of 2015, while Alderman was on supervision as a prior sex offender, his Community Corrections Officer received information that Alderman was in possession of images of child pornography. Further investigation revealed that Alderman had child pornography on his computer tablet. Investigation by the Federal Bureau of Investigation and federal search warrants for Alderman’s email accounts revealevd that Alderman had been using his email to receive and possess child pornography, which included prepubescent female children under the age of twelve.

Michael C. Ormsby stated, “This manner of victimization of children is thoroughly unacceptable and the United States Attorney’s Office in the Eastern District of Washington is, and will continue to be, committed to prosecuting aggressively and seeking appropriate punishment for child pornography crimes. I commend the FBI and the Washington State Department of Corrections for their efforts in successfully investigating this case. This is yet another example of a child-pornography-offense that was investigated and prosecuted in this District.”

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. The Project Safe Childhood Initiative (“PSC”) has five major components:

· Integrated federal, state, and local efforts to investigate and prosecute child

exploitation cases, and to identify and rescue children;

· Participation of PSC partners in coordinated national initiatives;

· Increased federal enforcement in child pornography and enticement cases;

· Training of federal, state, and local law enforcement agents; and

· Community awareness and educational programs.

For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."

This investigation was conducted by the Federal Bureau of Investigation and the Washington State Department of Corrections. The case was prosecuted by Stephanie J. Lister, an Assistant United States Attorney and Project Safe Childhood Coordinator for the Eastern District of Washington.

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Levi Lawrence Morefield, age 30, of Ellensburg, Washington, was sentenced today for distribution of heroin. United States District Court Judge Stanley A. Bastian sentenced Morefield to a 15 year term of imprisonment, to be followed by a three year term of court supervision upon release from Federal prison.

According to information presented during the court proceedings, Morefield sold heroin to multiple individuals during 2012 and 2013. In May 2013, Morefield distributed heroin that ultimately was used by an individual who died as a result of an overdose. In September, 2013, Morefield was charged by indictment with several heroin distribution offenses. He entered a guilty plea on February 17, 2015.

Michael C. Ormsby said, "Investigating and prosecuting heroin distribution offenses, particularly where a fatal over dose has occurred, is a top priority for the United States Attorney’s Office for the Eastern District of Washington. This Office, together with the DEA, and state and local law enforcement offices, like the Ellensburg Police Department, are combating the growing heroin and opioid scourge."

This case was investigated by the Drug Enforcement Administration with the assistance of the Ellensburg Police Department. The case was prosecuted by Benjamin D. Seal, an Assistant United States Attorney for the Eastern District of Washington.

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Thomas Gregory Myers, age 45, of Spokane Valley, Washington, was sentenced today, after having previously pled guilty on July 31, 2015 to Distribution of Child Pornography. Senior United States District Court Judge Justin L. Quackenbush sentenced Myers to a five year term of imprisonment, to be followed by a ten year term of court supervision after he is released from Federal prison. In addition, Myers was ordered to forfeit to the United States the laptop computer he used to distribute child pornography and to pay $500 in restitution to one of the victims of his crime. Myers will also be required to register as a sex offender.

According to information disclosed during the court proceedings, Myers was using a Peer to Peer file sharing account to share and distribute child pornography images over the Internet. Undercover law enforcement agents located child pornography files Myers was making available for download and later obtained a federal search warrant for Myers’ residence. On March 5, 2014, Homeland Security Investigation agents executed a federal search warrant at Myers’ residence and seized Myers’ digital devices that he used to distribute child pornography. A forensic examination of Myers’ personal computer revealed 249 video files of child pornography.

Michael C. Ormsby stated, “I commend Homeland Security Investigations for its efforts in successfully investigating this case. The United States Attorney’s Office in the Eastern District of Washington is, and will continue to be, committed to prosecuting aggressively and seeking appropriate punishment for child pornography crimes. Prosecuting offenders who distribute child pornography is one of the top priorities of the United States Attorney’s Office.”

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. The Project Safe Childhood Initiative (“PSC”) has five major components:

· Integrated federal, state, and local efforts to investigate and prosecute child

exploitation cases, and to identify and rescue children;

· Participation of PSC partners in coordinated national initiatives;

· Increased federal enforcement in child pornography and enticement cases;

· Training of federal, state, and local law enforcement agents; and

· Community awareness and educational programs.

For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."

This investigation was conducted by Homeland Security Investigations. The case was prosecuted by Stephanie J. Lister, an Assistant United States Attorney and Project Safe Childhood Coordinator for the Eastern District of Washington.

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that that Francisco Sanchez-Hinojosa, age 45, of Michoacán, Mexico, was sentenced for possession with intent to distribute methamphetamine. United States District Court Judge Salvador Mendoza, Jr. imposed a ten-year term of imprisonment, to be followed by a five-year term of court supervision after Sanchez-Hinojosa is released from Federal prison.

According to information disclosed during the court proceedings, on November 26, 2014, detectives with the Benton County Sherriff’s Office arrested Sanchez-Hinojosa at his residence after obtaining evidence that he was distributing controlled substances. During the execution of a search warrant at the residence, officers located drugs and drug trafficking tools, including approximately 320 grams of methamphetamine, 36 grams of cocaine, a digital scale, and a semiautomatic pistol. Sanchez-Hinojosa admitted to selling controlled substances and possessing the firearm. He has prior convictions for delivery of cocaine and marijuana and bail jumping.

Michael C. Ormsby said, “Agents with ATF, DEA, ICE/HIS, together with officers from the Benton County Sherriff’s Office, worked in close partnership investigating this drug trafficking case. Their strong working partnership is reflected by the successful prosecution. Federal and local law enforcement officers in the Eastern District of Washington continue to work together to root out the scourge of drug trafficking in this District. With their assistance, the United States Attorney’s Office is committed to prosecuting aggressively drug traffickers in our communities.”

This investigation was conducted by the cooperative efforts of ATF, DEA, ICE/HSI, and the Benton County Sherriff’s Office. The case was prosecuted by Ian L. Garriques, an Assistant United States Attorney for the Eastern District of Washington.

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Michael Thomas Van Dyke, age 39, of Moses Lake, Washington was sentenced after having previously plead guilty on July 2, 2015, to Travel With Intent to Engage In Illicit Sexual Conduct. United States District Court Senior Judge Justin L. Quackenbush, sentenced Van Dyke to a three year (36 month) term of imprisonment. Van Dyke’s three year term of imprisonment is to be followed by a 10 year term of court supervision after he is released from federal prison. In addition, Van Dyke will be required to register as a sex offender.

According to information disclosed during the court proceedings, on September 9, 2013, a woman contacted the Hopewell, Virginia Police Department and reported that her13 year old daughter had been communicating online with an adult man (later identified Van Dyke). The woman also stated that another family member saw the 13 year old in the company of Van Dyke in Hopewell, Virginia on September 6, 2013. The 13 year old girl was interviewed and told police that she met Van Dyke on the Internet social network site Tumblr in August 2013. The girl reported that Van Dyke knew she was thirteen years old. The girl confirmed that she and Van Dyke had chatted online and had telephone conversations and video chats of a sexual nature. The girl described Van Dyke as disabled and in a wheelchair and confirmed that Van Dyke had traveled to meet her in Virginia and had asked her to go somewhere with him, but she had refused.

The 13 year old girl’s family provided a cell phone and computer that the young girl had used to communicate with Van Dyke. A search of the devices revealed the text of online chats that demonstrated the sexual nature of the communication between Van Dyke and the young girl and that the purpose of Van Dyke’s travel to Virginia was illicit sexual conduct with her.

On March 17, 2014, the FBI executed a search warrant at Van Dyke’s residence in Moses Lake. Computers and electronic media were recovered and Van Dyke was interviewed. Van Dyke admitted to traveling to Virginia to meet with the 13 year old girl in September 2013. Evidence consisting of phone photos and various receipts established that Van Dyke traveled from Moses Lake to Virginia on September 5, 2013. Chat logs between the young girl and Van Dyke further confirmed that the purpose for the travel was illicit sexual conduct with her.

Michael C. Ormsby said: “I commend the outstanding investigative work in this case by the Hopewell, Virginia Police Department and the FBI. This is a very serious case that requires the punishment imposed by the Court. The United States Attorney’s Office in the Eastern District of Washington is committed to aggressively prosecuting and seeking appropriate punishment for crimes against children.”

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. The Project Safe Childhood Initiative (“PSC”) has five major components:

· Integrated federal, state, and local efforts to investigate and prosecute child

exploitation cases, and to identify and rescue children;

· Participation of PSC partners in coordinated national initiatives;

· Increased federal enforcement in child pornography and enticement cases;

· Training of federal, state, and local law enforcement agents; and

· Community awareness and educational programs.

For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."

This investigation was conducted by the Hopewell, Virginia Police Department and the FBI. The case was prosecuted by James A. Goeke, an Assistant United States Attorney for the Eastern District of Washington.

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that U.S. District Court Chief Judge Rosanna Malouf- Peterson dismissed a civil rights lawsuit brought by Manuel Sanchez.  Sanchez, who is currently a Federal prisoner, claimed that his civil rights were violated by a Drug Enforcement Administration Special Agent who shot him while he attempted to flee from arrest following a drug deal by intentionally driving a vehicle directly at the DEA Special Agent. 

 

According to information disclosed during the court proceedings, DEA agents working with the drug task force in Yakima, Washington had set up several controlled buys from Sanchez.  On July 26, 2012, a confidential source assisting the DEA met Sanchez in the parking lot of the Home Depot in Yakima.  As soon as the drug transaction was complete, DEA and other task force members moved in to arrest Sanchez.  Sanchez accelerated quickly in his Dodge van, striking the confidential source’s occupied vehicle, as well as a task force vehicle with two officers inside.  Sanchez then circled around the parking lot looking for an escape route and drove directly at the DEA Special Agent, who was standing out in the open.  The Special Agent fired into the van, striking Sanchez.

 

Sanchez was subsequently charged with Distribution of a Controlled Substance; Possession of a Controlled Substance with Intent to Distribute; and Assault on Federal Officers.  In December 2012, Sanchez pleaded guilty to Distribution of a Controlled Substance and he was sentenced to Federal prison.  During his change of plea hearing, Sanchez admitted he posed a substantial danger to the DEA Special Agent, the other officers on the scene, and the public.  Nevertheless, Sanchez filed this civil suit, alleging his civil rights were violated when he was shot.

 

Chief Judge Malouf-Peterson found that the Special Agent was immune from prosecution because his decision to shoot at Sanchez did not violate a clearly established constitutional right given that Sanchez’s action posed a risk of death or serious bodily injury to the Special Agent and others on the scene.  Chief Judge Malouf-Peterson also found that the shooting of Sanchez was reasonable under the  United States Supreme Court’s 1989 analysis of constitutional rights violations.

 

Michael C. Ormsby stated, “Claims of civil rights violation are taken seriously.  But, when meritless lawsuits are brought, this office will vigorously defend such lawsuits and protect the public purse.”

 

This case was defended by Rudy J. Verschoor, an Assistant United States Attorney for the Eastern District of Washington.

Spokane – Today, Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Samuel Luis Gutierrez, age 33, was sentenced to 15 years imprisonment for brandishing a firearm during a crime of violence.

According to information disclosed during court proceedings, on November 10, 2014, at approximately 5:34 p.m., a female parked her vehicle at the Harmon Senior Center located in Yakima, Washington. The female subsequently exited the vehicle. Gutierrez observed the female in the parking lot. He approached the victim from behind and demanded the keys to the vehicle. The victim turned around and observed that Gutierrez was brandishing a firearm. He again demanded the keys to the vehicle. Gutierrez stole the vehicle and several personal items belonging to the victim. The incident was immediately reported to the Yakima Police Department. Officers quickly responded to the area and observed the vehicle. As the events unfolded, Gutierrez exited the stolen vehicle and attempted run away. Officers later found Gutierrez outside of a residence. Personal property belonging to the victim was found on his person.

As the investigation proceeded, it was determined that Gutierrez had previously been convicted of Third Degree Rape of a Child, Failure to Register as a Sex Offender, Delivery/Manufacture of Marijuana, and Assault with Intent to Cause Injury. Due to the nature of the offense as well as Gutierrez’s lengthy criminal history, the Yakima Police Department contacted the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

On June 4, 2015, Gutierrez pled guilty to Brandishing of a Firearm During a Crime of Violence. Today, Senior United States District Court Judge Lonny R. Suko sentenced Gutierrez to 15 years imprisonment to be followed by 5 years of court supervision.

Michael C. Ormsby said, “The United States Attorney’s Office prosecutes aggressively those who engage in violent criminal behavior. The Yakima Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives worked together to successfully build a strong case. The hard work of the investigating officers/agents resulted in Gutierrez being removed from our community for the next 15 years.”

This investigation was conducted by the Yakima Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was prosecuted by Tom Hanlon, an Assistant United States Attorney for the Eastern District of Washington.

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that that the last of three individuals involved in a drug-related violent assault was sentenced on September 22, 2015. Darryl Russell Flett (aka Darryl Carden), age 21, of Wellpinit, Washington, was sentenced after having previously pleaded guilty on April 13, 2015 to one count of Assault with a Dangerous Weapon in Indian Country. United States District Judge Salvador Mendoza sentenced Flett to a 24-month term of imprisonment, to be followed by three years of court supervision after he is released from Federal prison.

According to information disclosed during the court proceedings, in August 2012, Melissa Suszka solicited others to assault a victim to whom she had previously provided prescription pills. Suszka had inadvertently given the victim more pills than she intended, and the victim refused to return them when Suszka confronted him. Suszka then solicited the assault. Flett was one of several individuals that actually carried out the assault.

This case follows the previous sentencing’s of Richard Peone, who was sentenced to 39 months in 2014, and Melissa E. Suszka, who was sentenced to 37 months in August, 2015, for their participation in the assault.

Michael C. Ormsby stated, “The United States Attorney’s Office for the Eastern District of Washington is, and will continue to be, committed to prosecute aggressively violent assaults that occur within federal jurisdiction, including the Indian reservations in this District. I cannot be more clear -- drug-related violence will not be tolerated.”

This investigation was conducted by FBI and the Spokane Tribal Police Department. The case was prosecuted by Rudy J. Verschoor, an Assistant United States Attorney for the Eastern District of Washington.

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Kenneth K. Watts, age 66, a bankruptcy attorney in Spokane, Washington, was sentenced on September 4, 2015, after having previously pled guilty on July 2, 2015 to Receipt of Child Pornography. Senior United States District Court Judge Justin L. Quackenbush sentenced Watts to a five year term of imprisonment, to be followed by a ten year term of court supervision after he is released from federal prison. In addition, Watts was ordered to forfeit to the United States the computer laptop, external hard drive and iPad he used to receive and possess child pornography. Watts was also ordered to pay $5,000 in restitution in lieu of forfeiture of his home. Watts will also be required to register as a sex offender.

According to information disclosed during the court proceedings, on May 21, 2014, an employee at the Albertsons store, located on N. Nevada Street in Spokane, Washington, found an iPad left unattended in a shopping cart. In an attempt to locate the owner the store employee turned on the iPad and observed child pornography. The employee immediately contacted the Spokane Police Department. Watts arrived at the Albertsons store on May 21, 2014, while the Spokane Police were still at the store, and admitted the iPad was his and that it contained child pornography. A forensic examination determined that the iPad contained over 900 images of child pornography. On April 7, 2015, Watts was indicted by the Grand Jury for the Eastern District of Washington and charged with offenses relating to the exploitation of children. On April 9, 2015, Watts was arrested at his residence in Spokane by agents from the Federal Bureau of Investigation. Watts confessed that he had child pornography on some of the digital items in his home. A search warrant was obtained for Watts’ computer laptop and external hard drive taken from his home. A forensic examination of these items revealed that Watts was, once again, in possession of child pornography (approximately 2,500 images).

Michael C. Ormsby stated, “The Spokane Police Department and the FBI worked in superb partnership in the investigation this case. The United States Attorney’s Office in the Eastern District of Washington is, and will continue to be, committed to prosecuting aggressively and seeking appropriate punishment for child pornography crimes.”

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. The Project Safe Childhood Initiative (“PSC”) has five major components:

· Integrated federal, state, and local efforts to investigate and prosecute child

exploitation cases, and to identify and rescue children;

· Participation of PSC partners in coordinated national initiatives;

· Increased federal enforcement in child pornography and enticement cases;

· Training of federal, state, and local law enforcement agents; and

· Community awareness and educational programs.

For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."

This investigation was conducted by the Spokane Police Department and Federal Bureau of Investigation. The case was prosecuted by James A. Goeke and Stephanie J. Lister, Assistant United States Attorneys for the Eastern District of Washington.

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that James Russell Bradbury, age 55, of Newport, Washington, was sentenced today, after having previously pled guilty on July 2, 2015 to Possession of Child Pornography and Failure to Register as a Sex Offender. Senior United States District Court Judge Justin L. Quackenbush sentenced Bradbury to a five year term of imprisonment for Failure to Register as a Sex Offender, and a ten year term of imprisonment for Possession of Child Pornography, to be served consecutively, for a total of fifteen years imprisonment, to be followed by a life term of court supervision after he is released from federal prison. In addition, Bradbury was ordered to forfeit to the United States the cell phone that he used to receive and possess child pornography. Bradbury will be required to register as a sex offender.

According to information disclosed during the court proceedings, in 2005 Bradbury was convicted in the Western District of Washington for offenses relating to the sexual exploitation of children. Bradbury was sentenced to ten years imprisonment and required to register as a sex offender after he was released from prison. In 2014, while Bradbury was on supervised release in Utah, he fled from Utah and on February 12, 2015 was arrested by the Pend Oreille County Sheriff’s Department in Newport, WA. Further investigation by the United States Marshal revealed that Bradbury was not registered as a sex offender in Pend Oreille County, Newport, WA. In addition, investigation by the Federal Bureau of Investigation discovered that at the time of Bradbury’s arrest in Newport he was in possession of a cell phone that contained images of child pornography, some of the images were of children under the age of 12 and portrayed sadistic or masochistic conduct.

Michael C. Ormsby stated, “I commend the excellent work of this office’s law enforcement partners from Pend Oreille County, the FBI, and the U.S. Marshals Service. As I have stated publically many times, the United States Attorney’s Office in the Eastern District of Washington is, and will continue to be, committed to prosecuting aggressively and seeking appropriate

punishment for child pornography crimes. In addition, prosecuting offenders who failure to register as sex offenders is a top priorities of the United States Attorney’s Office.”

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. The Project Safe Childhood Initiative (“PSC”) has five major components:

· Integrated federal, state, and local efforts to investigate and prosecute child

exploitation cases, and to identify and rescue children;

· Participation of PSC partners in coordinated national initiatives;

· Increased federal enforcement in child pornography and enticement cases;

· Training of federal, state, and local law enforcement agents; and

· Community awareness and educational programs.

For more information about Project Safe Childhood, please visit www.justice.gov/psc . For information about internet safety education, please visit www.justice.gov/psc and click on the tab "resources."

This investigation was conducted the United States Marshall, Federal Bureau of Investigation and Pend Oreille County Sheriff’s Department. The case was prosecuted by Matthew F. Duggan and Stephanie J. Lister, Assistant United States Attorneys for the Eastern District of Washington.

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Melissa Elizabeth Suszka, age 34, and Alycia Jean Scott, age 23, both of Wellpinit, Washington, were sentenced for their participation in a drug-related violent assault. Suszka previously plead guilty to Solicitation of a Crime of Violence and Scott previously plead guilty to Misprision of a Felony. United States District Judge Salvador Mendoza sentenced Suszka to a 37-month term of imprisonment, to be followed by three years of court supervision after she is released from Federal prison. Judge Mendoza sentenced Scott to a 6-month term of imprisonment, to be followed by 1 year of court supervision after she is released.

According to information disclosed during the court proceedings, in August 2012, Suszka solicited other individuals, including Richard Peone, to assault a person to whom she had illegally sold drugs (prescription pills). Suszka had inadvertently sold that person more pills than she intended and that person thereafter refused to return the extra pills to her. As a result, Suszka solicited Peone and another individual to assault the victim. As per the planned assault, Scott drove the victim and the other individuals to a remote location on Martha Boardman Road on the Spokane Indian Reservation where the victim was severely beaten. Scott was present when the assault took place, participated in the plan, and failed to notify law enforcement about the assault.

These cases follow the previous sentencing of Richard Peone, who received a 39-month term of imprisonment in 2014 for his participation in the assault. One additional defendant who took part in the assault will be sentenced in mid-September.

Michael C. Ormsby stated, “Drug-related violence within Indian reservations will not be tolerated.” “The United States Attorney’s Office for the Eastern District of Washington is, and will continue to be, committed to aggressively prosecuting violent assaults that occur within federal jurisdiction, including the Indian reservations in this District.” “We appreciate the assistance and support that our office and the FBI receive from tribal leadership and law enforcement.”

This investigation was conducted by FBI and the Spokane Tribal Police Department. The case was prosecuted by Rudy J. Verschoor, an Assistant United States Attorney for the Eastern District of Washington.

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Joseph Preble, age 19, of Spokane, Washington, was sentenced, after having previously pled guilty on June 19, 2015 to Receipt of Child Pornography. Senior United States District Court Judge Justin L. Quackenbush sentenced Preble to a five year term of imprisonment, to be followed by a twenty year term of court supervision after he is released from Federal prison. In addition, Preble was ordered to forfeit to the United States the computer he used to receive and store his child pornography collection. Preble will also be required to register as a sex offender.

According to information disclosed during the court proceedings, between October and November of 2014 Preble uploaded 60 images of child pornography, depicting four different minor female victims, to a foreign photo sharing website. Investigation by the Homeland Security Investigations Child Exploitation Unit resulted in the execution of a federal search warrant at Preble’s home in Spokane, Washington in December of 2014, at which time Preble’s computers and other electronic media were seized. A forensic examination of Preble’s computer revealed that he had received and was in possession of eleven child pornography image files and fifty-two child pornography video files. Some of the child pornography images were of children who had not attained the age of 12 years and some portrayed sadistic and masochistic conduct.

Michael C. Ormsby stated, “This case is another example of the outstanding efforts of the Homeland Security Investigations’ commitment to investigating child pornography crimes. The United States Attorney’s Office for the Eastern District of Washington prosecutes aggressively and seeks appropriate punishment for such crimes.”

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. The Project Safe Childhood Initiative (“PSC”) has five major components:

· Integrated federal, state, and local efforts to investigate and prosecute child

exploitation cases, and to identify and rescue children;

· Participation of PSC partners in coordinated national initiatives;

· Increased federal enforcement in child pornography and enticement cases;

· Training of federal, state, and local law enforcement agents; and

· Community awareness and educational programs.

For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."

This investigation was conducted by Homeland Security Investigations. The case was prosecuted by Stephanie J. Lister, an Assistant United States Attorney and Project Safe Childhood Coordinator for the Eastern District of Washington.

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Tristan James Fillback, age 28, of Liberty Lake, Washington, was sentenced after having previously pled guilty on May 5, 2015 to Distribution of Child Pornography. United States District Court Judge Salvador Mendoza Jr. sentenced Fillback to a five year term of imprisonment, to be followed by a fifteen year term of court supervision after he is released from Federal prison. In addition, Fillback was ordered to forfeit to the United States the computers and thumb drive that he used to distribute child pornography. Fillback was also ordered to pay $1,000 in restitution to one of his victims. Fillback will also be required to register as a sex offender.

According to information disclosed during the court proceedings, Fillback was using a Peer to Peer file sharing account to share and distribute child pornography images over the Internet. Undercover law enforcement agents located child pornography files Fillback was making available for download and later obtained a federal search warrant for Fllback’s residence. On January 23, 2014, Homeland Security Investigation agents executed a federal search warrant at Fillback’s residence and seized Fillback’s digital devices that he used to distribute child pornography. A forensic examination of Fillback’s personal computers and thumb drive revealed 649 images of child pornography and 14 child pornography video files.

Michael C. Ormsby stated, “The United States Attorney’s Office in the Eastern District of Washington is, and will continue to be, committed to prosecuting aggressively and seeking appropriate punishment for child pornography crimes. In addition, prosecuting offenders who distribute child pornography is one of the top priorities of the United States Attorney’s Office.”

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. The Project Safe Childhood Initiative (“PSC”) has five major components:

· Integrated federal, state, and local efforts to investigate and prosecute child

exploitation cases, and to identify and rescue children;

· Participation of PSC partners in coordinated national initiatives;

· Increased federal enforcement in child pornography and enticement cases;

· Training of federal, state, and local law enforcement agents; and

· Community awareness and educational programs.

For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."

This investigation was conducted by Homeland Security Investigations. The case was prosecuted by Stephanie J. Lister, an Assistant United States Attorney and Project Safe Childhood Coordinator for the Eastern District of Washington.

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that United States District Court Judge Thomas O. Rice dismissed a disability discrimination and whistleblower retaliation lawsuit brought by a former federal employee of the Department of Agriculture.

According to information disclosed during the court proceedings, Wendy Alguard, of Yakima, Washington, sued the Department of Agriculture (USDA) claiming that the Agricultural Marketing Service, where Alguard worked as a commodity food grader, had reassigned her after she reported that Snokist cannery was hiding totes of moldy applesauce in 2011. Alguard claimed that the USDA had ignored her disability and then punished her for whistleblowing, by reassigning her and eventually removing her from federal service when she refused a directed reassignment. Alguard initially brought administrative claims before the Office of Special Counsel (OSC), the USDA’s EEO Office, and the Merit System Protection Board (MSPB). She withdrew her claim with the OSC and her claim was rejected by the USDA and MSPB. Alguard’s lawsuit sought review of those decisions. She sought damages of about $600,000.

Judge Rice had earlier dismissed Alguard’s discrimination claim of alleged disability in October of 2014, which claim had previously been denied by USDA’s EEO Office. On August 20, 2015, Judge Rice dismissed the remaining claim, which claim sought review of the MSPB’s decision that found that the USDA had legitimately reassigned Alguard when revenue at the USDA’s Yakima facility dropped. Judge Rice found that the MSPB had applied the proper standard for determining such cases, that the MSPB’s decision was not arbitrary or capricious, that the MSPB applied the law correctly, and that the MSPB’s decision was supported by substantial evidence.

Michael C. Ormsby stated, “I commend the outstanding efforts of the lawyers who defended this case. Claims of employment discrimination and whistleblowing in federal employment are taken seriously. But when lawsuits that lack merit are brought, this office will vigorously defend those suits in an effort to protect the public purse.”

This case was defended by Rudy J. Verschoor, an Assistant United States Attorney for the Eastern District of Washington, with assistance from Zoey Kohn, Marissa Suarez, and Sarah Tuck, attorneys with the USDA’s Office of General Counsel.

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Dustin Mason, age 21, of Cheney, Washington, was sentenced today, after having previously pled guilty on January 29, 2015 to Production of Child Pornography. Chief United States District Court Judge Rosanna Malouf Peterson sentenced Mason to a fifteen year term of imprisonment, to be followed by a life term of court supervision after he is released from Federal prison. In addition, Mason was ordered to forfeit to the United States the computer, iPhone, iPad and thumbdrive that he used to receive and produce child pornography. Mason will also be required to register as a sex offender.

According to information disclosed during the court proceedings, Mason was the administer of a FaceBook account which he used to locate young boys, approximately 14-15 years old, who he would entice to engage in sexual acts. Mason would create images and videos of the sexual acts, thus, he produced sexually explicit images of minors. On March 26, 2014, the Federal Bureau of Investigation executed a federal search warrant at Mason’s residence in Cheney, Washington and seized Mason’s digital devices that he used to produce child pornography.

Michael C. Ormsby stated, “I commend the outstanding efforts of the FBI in investigating this matter. The United States Attorney’s Office in the Eastern District of Washington is, and will continue to be, committed to prosecuting aggressively and seeking appropriate punishment for child pornography crimes. Prosecuting offenders who produce child pornography is one of the top priorities of the United States Attorney’s Office.”

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. The Project Safe Childhood Initiative (“PSC”) has five major components:

· Integrated federal, state, and local efforts to investigate and prosecute child

exploitation cases, and to identify and rescue children;

· Participation of PSC partners in coordinated national initiatives;

· Increased federal enforcement in child pornography and enticement cases;

· Training of federal, state, and local law enforcement agents; and

· Community awareness and educational programs.

For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."

This investigation was conducted by the Federal Bureau of Investigation. The case was prosecuted by Stephanie J. Lister, an Assistant United States Attorney and Project Safe Childhood Coordinator for the Eastern District of Washington.