Case Document 153 Filed 06/25/12 Michael C. United States, Attorney . Eastern District of Timothy J. Ohms Umted States Attorney Post Of?ce Box 1494 okane, WA 99210-1494 Tglephone: (509) 353-2767 us. mm COURT EASTERN DISTRICT or wme'rou JUN 25 2012 sen, CLERK ms R. LAR DEF SPOKANE. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON UNITED STATES OF AMERICA, Plaintiff, 1 VS. Plea Agreement TOD REICHERT, Defendant. Plaintiff, United States of America, by and through Michael C. United States Attorney for the Eastern District of Washington, and Timothy J. Ohms, Assistant United States Attorney for the Eastern District of Washington, and Defendant TOD REICHERT and the Defendant?s counsel, Stephen R. Hormel, agree to the following Plea Agreement: 1. Guilty Plea and Maximum Statutory Penalties: The Defendant, TOD REICHERT, agrees to plead guilty to an Information Superseding the Indictment charging him with Interfering with a Forest Of?cer Engaged in His Of?cial Duties in the Administration of the National Forest System, in violation of 36 CFR 261 (Count 1) and Knowingly Giving a False, Fictitious and Fraudulent Report to a Forest Of?cer Engaged in His Of?cial Duties, in Violation of 36 CFR 261.3(b) (Count 2). The Defendant, TOD REICHERT, understands that the charges contained in the Information Superseding Indictment are Class misdemeanor charges and Plea Agreement? 1 Wick - Reichert - Case Document 153 Filed 06/25/12 that the sentences for these charges may be imposed consecutively by the Court. The Defendant, TOD REICHERT, also understands that the maximum statutory penalty for Interfering with a Forest Of?cer Engaged in His Of?cial Duties in the Administration of the National Forest System, in violation of 36 CFR 261.3(a) (Count 1), is not more than 6 months imprisonment or up to 5 years probation; a ?ne not to exceed $5,000; a term of supervised release of not more than 1 year; and a $10 special penalty assessment. The Defendant, TOD REICHERT, also understands that the maximum statutory penalty for Knowingly Giving a False, Fictitious and Fraudulent Report to a Forest Of?cer Engaged in His Of?cial Duties, in violation of 36 CFR 261.3(b) (Count 2), is not more than 6 months imprisonment or up to 5 years probation; a ?ne not to exceed $5,000; a term of supervised release of not more than 1 year; and a $10 special penalty assessment. The Defendant, TOD REICHERT, understands that a violation of a condition of supervised release carries an additional penalty of re-imprisonment for all or part of the term of supervised release without credit for time previously served on post-release supervision. 2. The Court is Not a PM to the Agreement: The Court is not a party to this Plea Agreement and may accept or reject this Plea Agreement. Sentencing is a matter that is solely within the discretion of the Court. The Defendant understands that the Court is under no obligation to accept any recommendations made by the United States and/or by the Defendant; that the Court will obtain an independent report and sentencing recommendation from the US. Probation Of?ce; and that the Court may, in its discretion, impose any sentence it deems appropriate up to the statutory maximums stated in this Plea Agreement. The Defendant acknowledges that no promises of any type have been made to the Defendant with respect to the sentence the Court will impose in this matter. Plea Agreement- 2 Wick - Reichert - Case Document 153 Filed 06/25/12 The Defendant understands that the Court is required to consider the applicable sentencing guideline range, but may depart upward or downward under the appropriate circumstances. The Defendant also understands that should the sentencing judge decide not to accept any of the parties? recommendations, that decision is not a basis for withdrawing from this Plea Agreement or a basis for withdrawing this plea of guilty. 3. Waiver of Constitutional Rights: The Defendant, TOD REICPIERT, understands that by entering this plea of guilty the Defendant is knowingly and voluntarily waiving certain constitutional rights, including: The right to a bench trial; The right to see, hear and question the witnesses; The right to remain silent at trial; The right to testify at trial; and The right to compel witnesses to testify. While the Defendant is waiving certain constitutional rights, the Defendant understands the Defendant retains the right to be assisted through sentencing by an attorney, who will be appointed at no cost if the Defendant cannot afford to hire an attorney. The Defendant also acknowledges that any pretrial motions currently pending before the Court are waived. 4. Elements of the Offense: The United States and the Defendant agree that in order to convict the Defendant of Interfering with a Forest Of?cer Engaged in His Of?cial Duties in the Administration of the National Forest System, in violation of 36 CFR 261.3(a) (Count 1), the United States would have to prove beyond a reasonable doubt the following elements: Plea Agreement? 3 Wick - Reichert - \Dm?Qm-bWNr?t Case Document 153 Filed 06/25/12 First, between August 11, 2008, and October 23, 2008, the Defendant, TOD REICHERT, interfered with a United States Forest Service Of?cer; and Second, at the time of the interference, the United States Forest Service Of?cer was engaged in the performance of his of?cial duties in the administration of the National Forest System in the Eastern District of Washington. The United States and the Defendant agree that in order to convict the Defendant of Knowingly Giving a False, Fictitious and Fraudulent Report to a Forest Of?cer Engaged in His Of?cial Duties, in violation of 36 CFR 261 (Count 2), the United States would have to prove beyond a reasonable doubt the following elements: First, on or about April 22, 2010, the Defendant, TOD REICHERT, gave a false, ?ctitious, or ?audulent report or other information to a United States Forest Service Of?cer; Second, at the time of the report, the United States Forest Service Of?cer was engaged in the performance of his of?cial duties in the administration of the National Forest System in the Eastern District of Washington; and Third, the Defendant knew that the report of other information was false, ?ctitious, or fraudulent. 5. Factual Basis and Statement of Facts: The United States and the Defendant stipulate and agree that the following facts are accurate; that the United States could prove these facts beyond a reasonable doubt at trial; and these facts constitute an adequate factual basis for TOD guilty plea. This statement of facts does not preclude either party from presenting and arguing, for sentencing purposes, additional facts which Plea Agreement- 4 Wick - Reichert - Case Document 153 Filed 06/25/12 are relevant to the guideline computation or sentencing, unless otherwise prohibited in this agreement. In 2007, co-Defendant Jon Wick operated a business called Outback Out?tters, which provided fee-based guiding services to hunters. In order to facilitate his business, Outback Out?tters had a special use permit issued by the National Forest Service to guide hunters in a portion of the Umatilla National Forest. On December 27, 2007, Washington Department of Fish and Wildlife Of?cer Ryan John observed a helicopter that he recognized as belonging to Jim Pope, ?ying low over Dayton, Washington. On December 28, 2007, Of?cer John became aware that a hunter, Defendant Tod L. Reichert, who had purchased the 2007 Bastem Washington Any Bull Elk Auction Tag for approximately $47,000, had harvested a large bull elk in the Tucannon Area of Columbia County (later determined to be inside of the Umatilla National Forest, but outside of Outback Out?tters? permit area). Of?cer John was interested in the use of the helicopter because using an aircraft to spot wildlife in aid of hunting is a crime in Washington State. On December 31, 2007, Of?cer John contacted Pope and asked him about his ?ight on the 27th. Pope told Of?cer John that he had ?own two of Reichert?s hunting guides that day to look for bull elk, but that Reichert did not ?y with them. Of?cer John believed the two helicopter passengers were Jon Wick and Corey Reynard because he had met the two previously that season and they told him that they were scouting for bull elk for Reichert. On December 31, 2007, Of?cer John contacted Corey Reynard to interview him about the helicopter trip and the subsequent hunt. Reynard told Of?cer John that he and Jon Wick had ?own with Pope on December 27, 2007, to look for a bull elk for Reichert to hunt. Reynard wrote a statement admitting to ?ying with Pope and Jon Wick during the week of December 17, 2007, and again on Plea Agreement- 5 Wick - Reichert - Case Document 153 Filed 06/25/12 December 27, 2007, for the purpose of looking for a bull elk for Reichert to kill. Reynard said that Reichert had paid for the ?ights. Reynard said that Jon Wick told him that Reichert would pay a $10,000 bonus if a bull elk was located that measured 400 points on the Boone and Crocket scale (a scoring system for trophy elk and other big game). Reynard said that Reichert never paid the bonus because the bull that Reichert killed scored a 379 on the point scale. Reynard told Of?cer John that Reichert paid him a $200 tip for helping to pack out the animal. Reynard agreed to show Of?cer John the kill site the following day. On January 1, 2008, Of?cer John met Reynard and the two hiked to a location where Reynard said the elk was killed by Reichert. There were stomach contents in the snow as well as an elk leg. Of?cer John took a GPS reading of this location and veri?ed that the site was in the Umatilla National Forest; however, the location was approximately 18 miles outside of Outback Out?tters? permit area. On January 1, 2008, Of?cer John contacted Jon Wick to interview him about the hunt. Wick provided a written statement to Of?cer John. Wick said that he and Reynard ?ew in the helicopter on December 27, 2007, to look for a large bull elk for Tod Reichert to hunt. Wick said that the following day he and several others accompanied Reichert to the area that he and Reynard had ?own over looking for elk the previous day and that Reichert shot one of the bull elks. Wick told Of?cer John that Reichert paid each person $200 for their help in packing out the meat. Wick also told Of?cer John that Reichert would pay a ?nders fee of $10,000 if an elk rating 400 points was shot. Of?cer John later met with several of the individuals identi?ed by Wick as being present when Reichert shot the bull elk. These individuals con?rmed that they each received $200 for assisting with packing out the meat on December 28, 2007. Plea Agreement- 6 Wick - Reichert - Case Document 153 Filed 06/25/12 On March 28, 2008, U.S. Forest Service Of?cer Jody Williamson and Captain Walter Merritt met with Jon Wick to interview him about the hunt. Wick admitted guiding Reichert for approximately one month leading up to the date on which he led Reichert to the location where Reichert shot the elk. Wick then admitted to guiding Reichert outside of his permitted area in the Umatilla National Forest. Wick told the Of?cers that he coordinated all of the help for the hunt to include the other individuals who were present. Wick said that all of the help received a $200 tip, except for him. Wick claimed that he did not receive any money for guiding Reichert. He told the Of?cers that he did not have anything better to do during the month of December, so he decided to assist Reichert for free. When Captain Merritt explained to Wick that he was very familiar with the guiding business and knew that payment between $10,000 and $20,000 would be typical under these circumstances, Wick changed his statement and said what he meant to say was that he had not been paid yet, but that Reichert was supposed to be paying him soon. On June 1, 2008, Of?cer Merritt issued Jon Wick a citation for violating the terms and conditions of a special use permit in violation of 36 CFR Jon Wick made an initial appearance by phone on August 20, 2008, together with Oregon Attorney, John Ricker. On October 23, 2008, the United States Attorney?s Of?ce for the Eastern District of Washington received a letter by fax from Courtney Garcea of Etter, McMahon, Lamberson, Clary, PC. The letter was dated August 11, 2008. It was on the letterhead of Joseph Ricker, L.L.C., of La Grange, Oregon. The letter was addressed to ?To Whom it May Concern,? ?Re: Jon C. Wick,? and was signed by Tod Reichert. In the letter, Reichert indicated that he was familiar with the facts surrounding the incident in December of 2007 in which he killed a bull elk near Dayton, Washington. He indicated that he was the hunter on the trip and that he was ?accompanied by Jon Wick and others.? Reichert then falsely stated Plea Agreement- 7 Wick - Reichert - Case Document 153 Filed 06/25/12 that Wick was not his guide on that trip. The letter further provided a misleading statement that Reichert had paid Wick no monies or other compensation for any guiding services in December of 2007. Reichert indicated that he had developed a friendship with Wick and falsely stated that he invited him on the hunt ?merely as a friend, not as a professional guide.? On January 10, 2010, a search warrant issued by US. Magistrate Judge Ashmanskas was served on Jon Wick?s residence in Summerville, Oregon, for business records of Outback Out?tters. During the search, several cancelled personal checks written by Tod Reichert to Jon Wick were recovered. One check for $5,000 was dated November 13, 2007. The words ?Elk Hunt,? were handwritten into the memo section of the check. The table below sets out the checks from Reichert to Wick identi?ed during the investigation: Payee Payor Date Amount Check Account Memo John Tod 12/30/06 $4,000 11831 Security State Bank Elk Hunts Wick Reichert 9180 John Tod 08/11/07 $5,000 12426 Security State Bank 4-Whee1er Wick Reichert 9180 Jon Tod 09/08/07 $2,300 12432 Security State Bank -- Wick Reichert 9180 John Tod 11/13/07 $5,000 12450 Security State Bank Elk Hunt Wick Reichert 9180 John Tod 11/15 /08 $1,000 13123 Security State Loan Wick Reichert 9180 On April 22, 2 0, US forest Servrce Spec1al Agent Mike and Captain Walter Merritt interviewed Reichert near Reichert's home in Western Washington. Reichert falsely claimed that he had not paid any money to Wick for any reason during the 2007 hunting season. Reichert also falsely claimed that Wick had only scouted for him for two days. When Captain Merritt told Reichert that Wick admitted to helping Reichert for several months, Reichert changed his statement and admitted that Wick was with him in September and much of Plea Agreement- 8 Wick - Reichert - Case Document 153 Filed 06/25/12 December of 2007. When Loudermilk showed Reichert the cancelled check that Reichert had written to Wick on November 13, 2007, Reichert falsely claimed that the check was a loan to Wick. When questioned ?irther, Reichert could not say what the purpose of the loan was and admitted that Wick had not paid him back. When asked Why the memo portion of the check said ?Elk Hunt,? Reichert said that he ?just likes to write things on checks for no reason.? Loudermilk showed Reichert a copy of the letter dated August 11, 2008, which had been faxed to the US. Attomey?s Of?ce for the Eastern District of Washington. Reichert said that he remembered signing the letter but does not know who he sent it to. 6. Waiver of Inadmissibility of Statements: The Defendant agrees to waive the inadmissibility of statements made in the course of plea discussions with the United States and proceedings under Fed. R. Crim. P. 11 for entry of a guilty plea, pursuant to Fed. R. Crim. P. 11(f) and Fed. R. Evid. 410. This waiver shall apply if the Defendant withdraws this guilty plea or breaches this Plea Agreement. The Defendant acknowledges that any statements made by the Defendant in the course of plea discussions or his entry of a guilty plea in this case would be admissible against the Defendant in the United States?s case-in-chief if the Defendant were to withdraw or breach this Plea Agreement. 7. The United States Agrees: Dismissal( 1: At the time of sentencing, the United States agrees to move to dismiss the Indictment filed on December 6, 2011, charging the Defendant with a Lacy Act violation, in violation of 16 U.S.C. 3372(a)(1) and 3373(d)(2) (Count 2) and False Statement, in violation of 18 U.S.C. 1001 (Counts 5 and 6). Not to File Additional Charges: The United States Attomey?s Of?ce for the Eastern District of Washington agrees not to bring any additional charges against the Defendant based upon Plea Agreement? 9 Wick - Reichert - Case Document 153 Filed 06/25/12 information in its possession at the time of this Plea Agreement and arising out of Defendant?s conduct involving illegal activity charged in this Indictment, unless the Defendant breaches this Plea Agreement any time before or after sentencing. 8.. Length of Probation: The United States and the Defendant agree to recommend 2 years probation. 9. Criminal Fine: The United States and the Defendant agree to recommend a ?ne with a range of $2,500 to $5,000 for each count. 10. Probation: The United States and the Defendant agree to recommend that the Court impose a 2 year term of probation to include the following special conditions, in addition to the standard conditions of probation: The Defendant shall not enter or remain in any United States National Forest for purposes of engaging in hunting or any other recreational activity within that National Forest. The Defendant may transit through a National Forest en route to other destinations and may enter a National Forest to perform work in relation to his employment. 11. Mandatory Special Penalty Assessment: The Defendant agrees to pay the $20 mandatory special penalty assessment to the Clerk of Court for the Eastern District of Washington, at or before sentencing, pursuant to 18 U.S.C. 3013 and shall provide a receipt from the Clerk to the United States before sentencing as proof of this payment. 12. Appeal Rights: Defendant understands that he has a limited right to appeal or challenge the conviction and sentence imposed by the Court. Defendant hereby expressly waives his right to appeal his conviction and the sentence the Court imposes, including any restitution order. Defendant ?lrther expressly waives his right to ?le any post?conviction motion attacking his conviction and sentence, including a cement- 10 Wick - Reichert - Plea Agr Case Document 153 Filed 06/25/12 motion pursuant to 28 U.S.C. 2255, except one based upon ineffective assistance of counsel based on information not now known by Defendant and which, in the exercise of due diligence, could not be known by Defendant by the time the Court imposes the sentence. 13. Hyde Amendment Waiver: The Defendant waives any claim under the Hyde Amendment, 18 U.S.C. 3006A (Statutory Note), for attomey?s fees and other litigation expenses arising out of the investigation or prosecution of this matter. 14. Integration Clause: The United States and the Defendant acknowledge that this document constitutes the entire Plea Agreement between the United States and the Defendant, and no other promises, agreements, or conditions exist between the United States and the Defendant concerning the resolution of the case. This Plea Agreement is binding only upon the United States Attorney?s Of?ce for the Eastern District of Washington, and cannot bind other federal, state or local authorities. The United States and the Defendant agree that this agreement cannot be modi?ed except in a writing that is signed by the United States and the Defendant. Approvals and Signatures Agreed and submitted on behalf of the United States Attomey?s Of?ce for the Eastern District of Washington. Michael C. United States Attorney Timothy J. Ohms US. Attorney 4/2 57.94 Date Plea Agreement- 1 1 Wick - Reichert - Case Document 153 Filed 06/25/12 I have read this Plea Agreement and have carefully reviewed and discussed every part of the agreement with my attorney. I understand and voluntarily enter into this Plea Agreement. Furthermore, I have consulted with my attorney about my rights, I understand those rights, and I am satis?ed with the representation of my attorney in this case. No other promises or inducements have been made to me, other than those contained in this Plea Agreement and no one has threatened or forced me in any way to enter into this Plea Agreement. I am agreeing to plead guilty because I am guilty. [gig/r; Q7 0/ TOD KEICHERT Date Defendant I have read the Plea Agreement and have discussed the contents of the agreement with my client. The Plea Agreement accurately and completely sets forth the entirety of the agreement between the parties. I concur in my client's decision to plead guilty as set forth in Plea Agreement. There is no legal reason why the Court should ot acce he Defendant?s pl a of ilty. 26 Stephen/R. Hormel Dafe Attorney for the Defendant Plea Agreement- 12 Wick - Reichert -