ew Awa wR 18 19 20 21 a 2 2 2 26 27 28 RRB FueD MAGISTRATE JAMES P. DONOHUE Ti — wag 27 2018 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE, UNITED STATES OF AMERICA, Plaintiff, CASENO. WSS - | 43 v. COMPLAINT for VIOLATION 18 U.S.C. §§ 842(a)(3)(A) THANH CONG PHAN, Defendant. BEFORE the Honorable James P. Donohue, United States Magistrate Judge, Seattle, Washington, The undersigned complainant being duly sworn states: COUNT 1 (Shipment of Explosiye Materialsy a On or about March 16, 2018, in the city of in the Western District of Washington, the defendant, THANH CONG PHAN, not being a licensee or permitee under the provisions of Chapter 40 of Title 18 of the United States Code, did knowingly transport, |, ive materials, to wit: a glass vial/bottle containing ax-” Ship, or cause to be transported exp valent black substancepvith a “psgyand a small black Global Positioning System (GPS) device. All in violation of Title 18, United States Code, Sections 842(a)(3)(A) and 844(a). COMPLAINT/PHAN — 1 UNITED STATES ATTORNEY ‘00 Srewaxr Stabex, SUITE S200 SEATTLE, WASHINGTON 98101 (25) 553-7970The undersigned complainant being duly sworn further states: 1. 1, Donald J. Metcalf, am a Special Agent (SA) with the Federal Bureau of Investigation (FBI) and have been so employed since July 2002. I am currently assigned to the Seattle Division of the FBI and currently work from the FBI office in Everett, Washington. As a Special Agent, I am responsible for investigations involving, but not limited to, terrorism, bank robbery, arson, kidnapping, fraud, narcotics, and fugitives. The statements contained in this affidavit are based upon my investigation and information provided to me by other law enforcement officers. I have not included each and every fact known to me or other investigative personnel concerning this investigation. Thave set forth only the facts I believe are necessary to establish probable cause to believe that THANH CONG PHAN did knowingly transport, ship, or cause to be transported explosive materials from a United States Postal Service facility kiosk located in Bothell, Washington in violation of Title 18, United States Code, Section 842(a)(3)(A). SUMMARY OF PROBABLE CAUSE 2. Onor about March 26, 2018, eleven suspicious packages were received via the United States Postal service at various government agencies in the Washington DC area. Some of the agencies included the United States Secret Service White House Mail Screening Facility, National Geospatial Agency, Ft. Belvoir (National Defense University), Dahlgreen Naval Base, and the FBI Headquarters. Each package contained a typed written letter with ramblings about neuropsychology, mind control, and other subjects including terrorism. Each package also contained what appeared to be a homemade explosive devi : a glass vial/bottle containing an unknown black substance with a fuse, and a small black Global Positioning System (GPS) device. 3. Inresponse to the discovery of the packages, the facilities that received them were evacuated and shutdown, For each facility that received a package, federal and local law enforcement agencies including the Joint Terrorism Task Force (JTTF) and the HAZMAT responded. The discovery of these eleven packages caused considerable disruption to the operations of the government agencies that received them. Due to the COMPLAINT/PHAN ~ 2 UNITED STATES ATTORNEY 1700 STEWART STREET, SumT 5200 SEATTLE, WASHINGEON 98101 (206) 553.7970 |oe ai oven ee 0 10 a 12 13 14 ok) 16 17 18, 19 20 a 22 23 24 25 26 27 28 number of devices received and discovered a command post was established to deal with the numerous incidents. FBI Headquarters 4. The mailing facility for FBI headquarters Baltimore, Maryland, received one of the suspicious packages at approximately 10:00 A.M. Eastern Standard Time (EST). The package, a standard United States Postal Priority Mail envelope, addressed to “FBI Head Quarter” with a return address “NAVAL Cpt Mark, 2000 W Marine View, Everett Wa 98207.” 5. The FBI special agent bomb technicians and local bomb squads responded to the FBI mailing facility. 6. The suspicious package was investigated and found to contain a typed written letter with incoherent ramblings, a glass vial containing an unknown black substance with a fuse, and a small black Global Positioning System (GPS) device. The bomb technicians confirmed that the black substance tested positive for Nitrocellulose, a component of black powder. The package and its contents, including the envelope, letter, GPS device, vial and all components, were collected for further analysis. 7. FBI Special Agent Bomb Tech (SABT) Brandt Kinder conducted further analysis of three of these devices; including the one sent to FBI Headquarters in Washington D.C, and assessed the following: a. The item(s) consisted of a small glass bottle filled with a black granular powder. b. The exact size of the jar was not known but it appeared to be approximately 1/2 ounce. ¢. The metal cap to the jar was screwed on. d. A hole had been made in the metal cap. e. A length of hobby fuse had been inserted through the hole and into the material in the jar. f. The item was completely filled with the black granular powder and a smaller COMPLAINT/PHAN - 3 UNITED STATES ATTORNEY 70 STawART STREET, SUITE 5200 SEATTLE, WASHINGION 98101 (206) 553-7970Cer aunann 10 ll 12 13 14 15 16 7 18 aoe 20 21 22 23 24 vhs 26 27 28 quantity of a white granular substance. g. Each of the samples tested positive for an ingredient found in a low explosive powder known as double base smokeless powder. h. One of the samples also burned when exposed to flame indicating that it was an energetic material that can explode or detonate. i. Low explosive powders such as double base smokeless powder can detonate or explode when confined. j. The glass jar with the cap screwed on would provide sufficient confinement to make the powder detonable. k. When lit, the hobby fuse inserted into the powder would serve as an initiator for the detonation of the confined powder. 1. The detonation of the powder inside the glass jar could have caused significant injury to a person who was in proximity to the object, particularly due to the fragmentation of the glass jar. 8. Based on his analysis of the device mailed to the FBI Headquarters, SABT Kindler concluded that it meets the federal definition of an explosive device per 18 U.S.C. § 8416). 9. United States Postal Inspector Justin Lothyan examined the package sent to the FBI Headquarters and located a United States Postal Service (USPS) tracking number. Postal Inspector Lothyan found that this tracking number originated at a United States Postal Service facility kiosk located at 15833 Mill Creek Blvd., Mill Creek, Washington. It was determined this transaction took place at the facility on March 16, 2018, at approximately 12:10 P.M. 10. Postal Inspector Lothyan obtained a surveillance photograph of the individual that made the transaction. I compared the surveillance photograph with the Washington Department of Licensing (DOL) photograph of Phan and determined that the individual in the surveillance photograph was Phan. Postal Inspector Lothyan was also able to determine that the defendant Thanh Cong Phan was the individual that paid for the package. COMPLAINT/PHAN ~ 4 UNITED STATES ATTORNEY 700 STEWART STREET, SUITE 5200 SEATTLE, WASHINGTON 98101 (206) 53-7970Secerwrvaunaeun il 13 14 15 16 17 18 19 20 21 22 ve) 24 25 26 27 28 11. During the past three years, I am aware that Phan has sent hundreds of letters and/or emails to various government agencies containing similar incoherent ramblings as in the packages received by the various government agencies on March 26, 2018. Based on these letters/emails, the FBI contacted Phan on numerous occasions. 12. Because of the past contacts, the FBI knew Phan resided in Everett, Washington. On March 26, 2018, at approximately 6:00 pm, Phan texted 911, as he frequently would do. Later that evening, the Snohomish County Sheriff's Office responded to Phan’s residence. Initially Phan did not answer the door but after a period of time he opened the door and was arrested. CONCLUSION 13. Based on the foregoing, I respectfully submit that there is probable cause to believe that Thanh Cong Phan did knowingly transport, ship, or cause to be transported explosive materials in violation of Title 18, United States Code, Section 842(a)(3)(A). Donal. Metcalf, Complainant Specfal Agent Federal Bureau of Investigation Based on the Complaint and Affidavit sworn to before me, and subscribed in my presence, the Court hereby finds that there is probable cause to believe the defendant committed the offense spt forth in the Complaint. Dated sZt CS of March, 2018. EB JAMES P. DONOHUE, United States Magistrate Judge ‘COMPLAINT/PHAN ~ 5 UNITED STATES ATTORNEY SEATTLE, WAS (206) 553-7970