Six Seattle Men Indicted For Manufacturing and Distributing Illegal Fireworks

NEWS from CPSC and ATF

U.S. Consumer Product Safety Commission

Office of Information and Public Affairs Washington, DC 20207
FOR IMMEDIATE RELEASE
June 27, 2002
Release # 02-190 		CPSC Consumer Hotline: (800) 638-2772
CPSC Media Contact: Scott Wolfson, (301) 504-7051
ATF Media Contact: April Carroll, (206) 220-6440

Six Seattle Men Indicted For Manufacturing and Distributing Illegal Fireworks

SEATTLE, WASH. - The U.S. Consumer Product Safety Commission (CPSC) and the Bureau of Alcohol, Tobacco, and Firearms (ATF) announced today that six people from the Seattle area have been indicted on charges arising from investigations into the illegal manufacture and sale of fireworks in the Northwest. 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 involved in two separate cases.

On April 24, 2002, a federal grand jury in Seattle indicted (pdf copy of indictment) Victor A. Dell, 47, of Bremerton, Wash., and Donald K. Rockwell, 44, also of Bremerton, on conspiracy to manufacture and distribute illegal flash powder devices and to manufacture explosives without a license. This investigation began on October 22, 1999, when Bremerton firefighters responded to a house fire at Donald Rockwell's residence.

On June 26, 2002, a grand jury handed down additional indictments against Leonard Wayne, 63, and Kevin Lobehan, 34 (pdf copy of indictment), both of Auburn, Wash., and Raymond Secena, 43, and Albert Ortivez, 24 (pdf copy of indictment), both of Oakville, Wash. All four were indicted for engaging in the business of dealing in explosives without licenses, and three of them were indicted for violating the Federal Hazardous Substances Act (FHSA) by distributing banned hazardous substances. Wayne is not being charged with violating the FHSA.

"Even though most consumers think about fireworks only around July 4th, CPSC and ATF conduct fireworks surveillance and enforcement throughout the year," stated CPSC Acting Chairman Thomas Moore. "We are committed to preventing the manufacture and sale of illegal fireworks, which can turn a backyard celebration into a rush to the emergency room."

The potential for harm with illegal, unregulated fireworks rises exponentially. ATF Director Bradley Buckles warns, "They can seem innocent, then go off in your face!"

ATF Special Agent in Charge Carson Carroll, of the Seattle Field Division states, "The indictments announced today represent significant progress in bringing violators in this dangerous arena to justice. The cooperative efforts between the United States Attorney's Office, the CPSC and ATF will continue in a year-round initiative to uncover illegal manufacturers."

Based on information developed during this investigation, CPSC was able to secure an agreement with Springfield Scientific Inc., of Springfield, Ore., in June 1999 to stop the sale of chemicals used to produce illegal and dangerous explosives, such as M-80s, quarter-sticks, M-1000s, and tennis ball bombs. The company also agreed to work with CPSC and ATF to combat the manufacturing of these dangerous and illegal explosive devices.

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, the CPSC has received reports of more than 40 illegal firecracker-type injuries in the Pacific Northwest alone. In 2001, hospital emergency rooms nationwide treated an estimated 9,500 fireworks-related injuries. 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.

Each year, CPSC stops hundreds of shipments of hazardous fireworks devices before they reach the store shelves. Working with U.S. Customs Service since 1988, CPSC has seized or detained more than 400 million hazardous fireworks at the docks.

Under the authority granted to it by the Federal Hazardous Substances Act, the CPSC prohibits the sale of the most dangerous types of fireworks, and the components intended to make them. The banned fireworks include M-80s, quarter-sticks, half-sticks, and other large firecrackers. Any firecracker with more than 50 milligrams of explosive powder is banned under federal law, as are mail order kits and components designed to build these fireworks.