AG Ferguson’s Organized Retail Crime Unit files two new criminal prosecutions against three defendants

New cases involve passing fake checks from state treasurer, reselling high-end liquor

SEATTLE - Attorney General Bob Ferguson's Organized Retail Crime Unit filed two new felony criminal cases today. This marks five prosecutions since Ferguson established the new unit last year.

The Attorney General's Office charged Victor J. Matt in Snohomish County Superior Court with two counts of first-degree organized retail theft, one count of first-degree identity theft, first-degree criminal impersonation and forgery. The criminal charges stem from seven thefts of outboard boat motors in King, Pierce, Snohomish, Skagit and Whatcom counties, during which Matt allegedly posed as a public employee and forged government documents. The thefts ranged from $4,000 to $20,000, totaling at least $58,729.

The affidavit of probable cause asserts that Matt contacted businesses and identified himself as a government official tasked with purchasing the motors for a public agency. Matt used fake checks or forged purchase orders to acquire the merchandise. Several of the thefts involved Matt presenting a forged check from the state bearing an illegitimate signature of the state treasurer. Most of the transactions were captured on surveillance footage.

The Attorney General's Office also charged Jerrell Davis and Tahj Franklin in King County Superior Court with one count each of first-degree organized retail theft. The charges stem from nine thefts of high-end alcohol products at Fred Meyer and Safeway stores in King and Snohomish counties between July and September 2021. The defendants are accused of stealing more than $10,400 in alcohol for resale. The affidavit of probable cause asserts they entered the stores during business hours, broke into liquor cabinets with a flathead screwdriver, filled backpacks with premium liquor bottles, and walked out of the stores without paying. It also asserts Davis was video recorded selling bottles of alcohol from the trunk of his car in a Safeway parking lot.

If convicted, the defendants in both cases face a prison sentence of a maximum of 10 years and a $20,000 penalty for each count. The Attorney General's Office will seek full restitution for thefts in both cases.

Organized Retail Crime Unit Chief Kent Liu and Assistant Attorneys General Katie Thomason and Theo Smith are handling these cases for Washington.

Each affidavit of probable cause filed with the court today is linked in its entirety below. The details contained in the affidavits of probable cause are only allegations. A person is presumed innocent unless and until the individual is proven guilty beyond a reasonable doubt in a court of law.

The Attorney General's Office does not have authority to initiate criminal prosecutions, unless it receives and accepts a referral from a county prosecutor or the governor. The Attorney General's office accepted referrals from King, Pierce, Snohomish, Skagit and Whatcom counties.

The Rules of Professional Conduct govern what a prosecutor in a criminal case may say publicly before trial. As the prosecutor in this criminal matter, the Attorney General's Office and its representatives are prohibited from making public statements beyond the narrow scope allowed by the Rules of Professional Conduct. The office will make every effort to be transparent with the public, while upholding its responsibilities as a criminal prosecutor.

Organized Retail Crime Unit created to offer centralized resources

Ferguson created a central Organized Retail Crime Unit in 2023. The need for a centralized unit and more investigative and prosecutorial resources was identified by Ferguson's Organized Retail Crime Task Force, which he convened in 2022. The task force includes representatives from state, local and federal law enforcement, small and large businesses, and retail workers.

The Organized Retail Crime Unit is available to assist with investigations - including coordinating them across multiple jurisdictions - and deploy resources where they are most needed. The unit can prosecute cases referred to the office by county prosecutors.

Ferguson's Organized Retail Crime Unit secured its first conviction last month and is prosecuting two other criminal cases.

"Organized retail theft is pervasive and the criminals orchestrating these schemes can be brazen," Ferguson said. "Our Organized Retail Crime Unit responds to a sophisticated problem with an equally sophisticated solution. We will do everything we can to protect hardworking Washington business owners."

Organized retail crime involves a group of individuals that steal products in order to resell them for a profit. This does not include petty theft, shoplifting or poverty-driven crimes. Organized retail crime differs from burglary and larceny - such as shoplifting - in that it is not the result of a single individual breaking the law, but rather part of an organized scheme to defraud retailers or to steal products for resale elsewhere. Organized crime can result in intimidation and violence for employees in those stores.

Nine other states have a task force dedicated to organized retail crime. Multiple states recently established similar units in their state attorney general's office, including Arizona and Michigan.

Washington's 10-person unit has hired two prosecutors and four investigators and is in the process of hiring paralegals and a data analyst. Ferguson announced in November that Assistant Attorney General Kent Liu, a criminal prosecutor who has worked for the office for more than 15 years, would lead the unit.

Read the entire Affidavit for Determination of Probable Cause for Victor J. Matt here.

Read the entire Affidavit for Determination of Probable Cause for Jerrell Davis and Tahj Franklin here.

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Washington's Attorney General serves the people and the state of Washington. As the state's largest law firm, the Attorney General's Office provides legal representation to every state agency, board, and commission in Washington. Additionally, the Office serves the people directly by enforcing consumer protection, civil rights, and environmental protection laws. The Office also prosecutes elder abuse, Medicaid fraud, and handles sexually violent predator cases in 38 of Washington's 39 counties. Visit www.atg.wa.gov to learn more.

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