GRAND JURY RETURNS INDICTMENT
CHARGING MEMBERS, ASSOCIATES
OF TINY ORIENTAL POSSE
WITH VIOLATIONS OF FEDERAL RICO LAWS

SALT LAKE CITY – A federal grand jury returned a six-count indictment Thursday afternoon, unsealed today, charging members and associates of the Tiny Oriental Posse with conspiracy to conduct the affairs of an enterprise through a pattern of racketeering activity, violent crime in aid of racketeering activity, and a violation of a federal firearms law.

The indictment was announced today by Acting U.S. Attorney Stephen J. Sorenson, FBI Assistant Special Agent in Charge Mary Rook of the Salt Lake Field Office, Salt Lake District Attorney David E. Yocom and West Valley City Police Chief Buzz Nielsen. Other agencies involved in the investigation include Salt Lake City , West Jordan , Sandy , South Salt Lake City , Midvale, and Murray police departments, the Salt Lake County Sheriff’s Office, and the Salt Lake Area Metro Gang Unit. Other local and federal agencies also have assisted with the investigation.

“This is the third time we have joined with our local, state, and federal law enforcement partners to use federal RICO laws to go after members of violent street gangs in Utah ,” Acting U.S. Attorney Stephen J. Sorenson said. “We simply aren’t going to tolerate this kind of organized violence in our communities and will use the significant federal tools we have, when appropriate, to send those convicted of these charges to federal prisons around the country.”

(10 members/associates of the King Mafia Disciples were indicted in May 2002. Gang leader Tyrese Smith is serving a life sentence in federal prison. Other sentences range from 384 months to 78 months. Several received sentences in excess of 200 months. 12 members/associates of the Soldiers of the Aryan Culture were indicted in December 2003. Tracy David Swena is serving a 240 month federal prison sentence. Other sentences range from 188 months to 36 months.)

Charged in the indictment unsealed today are Daniel Chhoun, Prum Mony Ty, William Mathipannha, Chantha Chhat, Phoukham Chanthavong, Samnang Yong, Rithy Chhak, Andrew Schmidt, Bryan Chhoun, Alan Ratrisouk, Sackda Douangbupha, Vongmany Mathipannha, Ry Ken, and Niue Fakatou. Six of the defendants were arrested without incident Friday morning. The other defendants were already in state or federal custody. (See attached list for details on defendants.)

Mary Rook, Assistant Special Agent in Charge, Salt Lake City FBI, stated, “The FBI remains committed to working with state and local law enforcement partners to investigate and bring to justice gang members who terrorize and intimidate their communities through violence. The gang members arrested today have been responsible for numerous violent incidents and crimes, to include murder, dating back to 1997. By working jointly with the West Valley City Police Department and the Metro Gang Unit, we have successfully targeted and removed from the streets a significant source of violence and a threat to the community.

The indictment alleges that the organization, founded in 1985, provides protection and security for its members and associates from rival gangs in Utah , unlawfully generates income, and furnishes financial support for its members. Members and associates of Tiny Oriental Posse also engage in acts of violence, including murder, robbery, aggravated robbery, carjacking, and manufacturing and distribution of controlled substances, according to the indictment. The gang operates principally in West Valley City and Salt Lake City .

The indictment alleges that from about July 1997 through June 2006, Daniel Chhoun, Prum Mony Ty, William Mathipannha, Chantha Chhat, Phoukham Chanthvong, Samnang Yong, Rithy Chhak, Sackda Douangbupha, Vongmany Mathipannha, Ry Ken, and Niue Fakatou conspired to conduct and participate in a pattern of racketeering activity, including the commission of 22 racketeering acts. The indictment alleges these acts included conspiracy to commit murder, attempted murder, robbery, aggravated robbery, conspiracy to manufacture methamphetamine, robbery of a vehicle, and possession with intent to distribute methamphetamine. As a part of the conspiracy, the defendants agreed that a conspirator would commit at least two acts in support of the conduct of the affairs of the enterprise, the indictment charges.

Four counts of the indictment charge various defendants with committing violent crime in aid of racketeering activity. Bryan Chhoun is charged for a July 31, 2005 , conspiracy to commit murder of a rival gang member; Andrew Schmidt is charged with an Aug. 9, 2005 , assault with a dangerous weapon involving a member of a rival gang. Prum Mony Ty and Andrew Schmidt are charged with a Jan. 14, 2006 , assault with a dangerous weapon involving a member of a rival gang and Alan Ratrisouk is charged with a June 11, 2006 , attempt to murder a member of a rival gang. Ratrisouk also is charged in count 6 of the indictment with discharging a firearm during and in relation to a crime of violence.

West Valley City Police Chief Thayle “Buzz” Nielsen said that in 2005, West Valley saw a significant increase in graffiti indicating that there had been an increase in gang activity. “2006 results confirmed the increase of violent crimes to include homicides, aggravated assaults, aggravated robberies, drug dealing, money laundering, and other criminal activities,” Chief Nielsen said.

“These criminals have a new enemy – RICO. This method is a proactive approach to prosecution. This roundup is just the beginning of things to come. We will not tolerate violence on the streets,” Chief Nielsen said. “These arrests show the importance of task forces and the cooperation of agencies coming together for a common purpose. West Valley City is creating an Intelligence Enforcement Unit which will be proactive and will address this new wave of criminal activity,” Chief Nielsen said.

Defendants had initial appearances this morning before U.S. Magistrate Judge Sam Alba. Information about follow-up hearings will be available this afternoon.

Defendants charged in indictments are presumed innocent unless or until proven guilty in court.