Five Seattle Men Sentenced For Manufacturing and Distributing Illegal Fireworks

The U.S. Consumer Product Safety Commission (CPSC) and the Bureau of Alcohol, Tobacco, and Firearms (ATF) announced that five men from the Seattle area have received prison sentences for charges arising from the illegal manufacture and sale of fireworks in the Northwest.

Today, Chief Judge John C. Coughenour of the U.S. District Court for the Western District of Washington sentenced Victor A. Dell, 47, of Bremerton, Wash., to 4 years in federal prison, followed by 3 years of supervised release, for manufacturing and distributing illegal fireworks and for manufacturing explosives without a license in violation of federal explosives laws.

"The prison sentence handed down against Victor Dell is the longest ever given to an individual investigated by the Consumer Product Safety Commission," said CPSC Chairman Hal Stratton. "CPSC is steadfast in our commitment to enforce federal safety laws and detect and prevent the sale of unsafe products that can kill or maim consumers."

"This is a clear example of a win for both law enforcement and the public," said ATF Assistant Special Agent in Charge Matt Horace. "These investigations have had an indelible impact on the manufacture, possession and sale of these devices in this region, and more importantly, injuries sustained to citizens as the result of their use. This is also a tremendous example of law enforcement partnerships at every level in support of what we all work for - a safer America. ATF values its partnerships both with the CPSC and the Office of the United States Attorney."

CPSC Chairman Stratton added, "We hope that when people see that the CPSC and the ATF are serious about enforcing these laws, they will think twice about committing the crimes."

The investigation of Dell began on October 22, 1999, when Bremerton firefighters responded to a fire at a home owned by Donald Rockwell. In the basement of the home, fire investigators and law enforcement discovered M-250 explosive devices and explosive powders and chemicals used to make the "flash powder" found in M-80-type firecrackers. M-80s are often sold illegally during the July 4th season. Fortunately, the fire did not reach the basement, though 100 residents from nearby houses were evacuated so that the Washington State Bomb Disposal Unit could safely remove the highly explosive materials. After the home was secured, investigators found correspondence and packaging labels addressed to Victor Dell.

Then in April and May 2000, Bremerton police officers and ATF agents found hundreds of explosive devices, 110 lb. barrels of perchlorate, and buckets of aluminum powder illegally stored in Victor Dell's car and a shed. ATF agents confirmed that one of the companies that sold chemicals to Dell was Springfield Scientific Supplies Inc., of Springfield, Ore., which subsequently agreed to stop selling chemicals to those who intended to produce illegal and dangerous fireworks.

In a separate case, U.S. District Judge Barbara J. Rothstein sentenced Raymond Secena, 43, and Albert Ortivez, 24, both of Oakville, Wash., to 90 days and 10 days in prison, respectively. Secena was convicted of a felony violation of federal explosive laws for selling large explosive devices referred to as an "M5000". In addition to the term of incarceration, he also received 3 months of home confinement. Ortivez was convicted of a misdemeanor violation of the Federal Hazardous Substances Act (FHSA), which prohibits the sale to consumers of any firecracker with more than 50 milligrams of explosive powder. Following his incarceration, Ortivez will be on supervised release for 1 year. These sentences were handed down on December 20, 2002.

On November 14, 2002, Judge Marsha J. Pechman sentenced Leonard Wayne, 63, and Kevin Lobehan, 34, both of Auburn, Wash., to 30 days and 15 days in prison, respectively. Wayne was convicted of a felony violation of federal explosive laws for selling M2000 explosive devices. In addition to his period of incarceration, he also received 5 months of home detention and 2 years of supervised release. Lobehan was convicted of a FHSA misdemeanor and will be on 2 years of supervised release, following his prison term.

CPSC and ATF worked closely with the U.S. Department of Justice's Office of Consumer Litigation and the U.S. Attorney's Office for the Western District of Washington to assist in the prosecution of these individuals, which involved three separate cases.

CPSC and ATF have also been working with officials of the Native American reservations throughout the Seattle area to stop the illegal sale of professional display fireworks and explosive devices. Tribal leaders continue to cooperate with CPSC's investigators and federal and local law enforcement.

Since 1998, CPSC estimates that there have been about 1,700 emergency room visits nationwide, involving injuries related to illegal firecracker devices. In 2001, hospital emergency rooms nationwide treated an estimated 9,500 fireworks-related injuries. These injuries involved the use of legal and illegal fireworks. About half of these injuries were to children under 15 years of age. The unsafe use of fireworks or the use of illegal fireworks has resulted in deaths, blindings, amputations and severe burns.

Under the authority granted to it by the Federal Hazardous Substances Act, the CPSC prohibits the sale to consumers of the most dangerous types of fireworks, and the components intended to make them. The banned fireworks include illegal flash powder explosive devices known as M-80s, quarter-sticks, half-sticks, and other large firecrackers. Any firecracker with more than 50 milligrams of explosive powder cannot be legally sold to consumers directly, through mail order kits, or as components designed to build these fireworks.