WSNIA - The Educator

INFORMATION ♦ EDUCATION ♦ ENFORCEMENT

THE EDUCATOR - Winter 2004

OPNET Awash in a Seat of BC Bud

BY Capt. Ron Cameron, Clallam County Sheriff’s Office S/A Ron Peregrin, Coast Guard Investigative Service

It seemed like every time we picked up the paper or listened to the news, we would learn of another case where someone was caught smuggling BC Bud from Canada to the United States. In Blaine and nearby crossings first; then, more and more in the San Juan Islands arrests were being made. It just seemed logical that, eventually, smugglers would move westward into Clallam and Jefferson Counties.

OPNET had indications that areas west of Port Angeles were locations smugglers were using. But, exactly when, where and how were questions we were finding difficult to answer.

State Route 112 is a 60 mile stretch of highway between Port Angeles and Neah Bay that follows the northern coastline facing directly toward Vancouver Island. Most of the highway is remote, untraveled at night and can be driven for many miles without seeing a house or any sign of civilization. There are many areas that have easy beach access and camping areas. This is an area where people come to get away from it all. The very same attractions that bring tourists to this area are also very attractive for those attempting to introduce the high grade marijuana BC Bud into the United States.

OPNET made several attempts at running proactive surveillance along coastal areas but, as a small unit, staffing such observation points for 24 hours for more than a day or so was difficult at best. We simply did not have the people or equipment to monitor over 75 miles of shoreline adequately.

In January of this year, the first real solid indicator of when and where the smuggling was occurring came through the most unlikely, but welcomed source. A Washington State Department of Fish & Wildlife patrol vessel, while on regular marine patrol, came across a disabled, oversized Sea-Doo boat with three people on board and black hockey bags floating nearby. The Fish & Wildlife officers investigated and found that the individuals were attempting to sink the black bags by stabbing them with a knife. The bags contained 65 pounds of marijuana. The three Canadian men were taken into custody by Fish & Wildlife and transported to the Coast Guard and OPNET in Port Angeles where they were placed under arrest.

Now an area had been identified, and we could narrow down where we had to be, but again, we had staffing problems. Coast Guard investigative Services has an Agent assigned to OPNET, so he who made contact with the Coast Guard Group in Port Angeles and convinced the Cutters to run proactive patrol in the area we had discovered was being used whenever they had free time from normal duties. A week later, a Coast Guard Cutter located a disabled vessel in the same general area. There was no marijuana with the crew on the disabled rigid hull inflatable boat, but the circumstances surrounding the situation led us to want to investigate the people from the boat. One of the two men on board confessed to smuggling BC Bud and 530 pounds of BC Bud was found on the beach in hockey bags right where the subject said we would find it.

It was clear that the answer to the manpower issues facing us was to formulate a cooperative effort among all the area agencies, and share not only intelligence, but our resources as well. Besides the Coast Guard, we developed a very close working relationship with Immigration and Customs Enforcement, (US Customs), Border Patrol, Royal Canadian Mounted Police and local Customs and Border Protection Inspectors. All these agencies began meeting together regularly, developing response plans and proactive events that we could now staff for extended periods of time with the cooperative efforts of all these agencies resources combined. With each successful smuggling arrest, we were learning more intelligence that identified several likely locations utilized regularly by smugglers.

Identifying the landing points allowed us to station marine patrol vessels and man “choke points” where suspects had to pass along the highway. Each agency was asked to provide whatever they could without impacting their normal operations. When agencies had free assets they simply focused them on areas we identified as “hot” prospects for potential smuggling.

In each successive smuggling event, we learned more about the organizations driving these importations and discovered that many of our original assumptions were wrong. Tides and weather played little or no part in smugglers deciding when and where to bring stuff across the Straits of Juan de Fuca. The suspects in most cases utilized rigid hull inflatable craft with large engines to make the 12-16 mile crossing in a relatively short period of time. They also used sophisticated equipment such as new generation night vision, Blackberry text messaging communications and satellite phones. In one case, they actually purchased 40 acres of shore-side property in Clallam County as well as
expensive quad runners to facilitate their business. In most of the other cases, rental vehicles were used.

We focused on areas that our intelligence indicated was a good prospect for smuggling. When Border Patrol had free assets they placed them on highway choke points for a day or two, when the Coast Guard had a free cutter or patrol boat they placed them in an area where the smuggling locations could be watched, ICE, OPNET, CGIS along with assistance from Washington State Corrections Department of Corrections (Clallam Bay Prison), U.S. National Park Service and Border Patrol provided beach surveillance for two or three day periods when their personnel had free
time. Collectively we had weaved a web that was capable of snagging some of the smuggling that was taking place but was not on a schedule that created a manpower burden on any of the agencies involved. In some cases, controlled deliveries and arrests were made because sufficient manpower from several agencies was immediately available to
safely and securely follow the load to the next step in the delivery process. In many cases however, the suspects would not or even could not, assist investigators by conducting controlled deliveries.

Today, we communicate on a regular basis and receive help from the
RCMP and Victoria Police Department as well as numerous other local, state and federal agencies.

Most of the arrests made have been presented to, and accepted by the US Attorneys Office. Those not taken up by the federal system, are presented to the Clallam County Prosecutors Office who have filed felony charges. In addition, local prosecutors have assisted with associated civil seizure cases that these investigations develop.

Since January 2004 our cooperative efforts have resulted in the following
successful marijuana interdictions:

That’s about 3600 pounds of BC Bud. Some figures show its valued at about $6.5 million.. .wholesale. And though no money was located for seizure in these cases, we have managed to seize and forfeit some vehicles, quad- runners, numerous blackberry’s, cell phones, night vision goggles, radios, marine survival suits and gear as well as a lifetime supply of hockey bags and a small navy of Zodiacs and rigid hulled inflatable boats.

More important than seizures however, is what we have learned about cooperating with other agencies. Not one of these small units could have accomplished this success record alone. It was the willingness to work together, share the workload and dedicate a lot of effort that have made these cases successful ones. The value in that is incalculable and the benefits from the close working relationship developed during this time extend far beyond combating our marijuana smuggling problems.

The Royal Canadian Mounted Police joined the effort by providing boat patrols on their side of the border and giving U.S. forces real time criminal history and background data on subjects as cross-border incidents were being confronted. RCMP investigators were invited to participate in the interview and debriefing of suspects which limited the suspect’s ability to mislead U.S. authorities and provided the suspect a stronger sense of futility as they worked their way through the legal process.

Having the ability, on-scene, to charge in both State and Federal jurisdictions gives greater latitude to investigators in that the system giving the biggest bang for your buck can be selected based on the facts and circumstances of the arrest. A state search warrant most often is obtained much more quickly than a federal search warrant, so joint operations offers a wider range of options to the field investigators than operating independently ever would. Additionally, following the parameters for searches set out by the stricter Washington State process, keeps the ability to charge locally intact, should federal authorities decline prosecution.

A cooperating subject can be offered State court with a lighter sentencing scenario instead of the Federal 5-40 year plan based upon how the suspect’s cooperation benefits prosecution of the case. Cross-border smuggling incidents allow use of immigration violations to hold suspects until the facts of the case can be sorted out, the dope can be weighed and evidence examined so charging can be accomplished with all the available facts. State jurisdiction allows bail to be posted and the suspects are released. In some of those cases the suspect returns to Canada and will not return for trial. Warrants will be issued for those individuals and as such they will have lost their ability to return to the U.S. because of the threat of arrest. Those convicted of felony possession with intent to distribute will have lost their ability to ever return to the U.S. after their sentences have been served. The RCMP has diligently collected information, developed files and maintained interest in subjects arrested in the U.S. In most cases the RCMP has identified organizations and higher level players associated with Canadians arrested in the U.S. Forfeiture paperwork delivery or follow-up investigation is routinely accomplished the U.S. by Canadian authorities. In short, the range of options available field Agents and Officers during joint efforts far exceeds any benefit from working alone. We have learned to do more with less and as a result we have accomplished much.